Insurance Bad Faith Claim Handling Expert Serving Clients Nationwide
Insurance Bad Faith Claim Handling Expert Serving Clients Nationwide
Recently, the Kentucky Supreme Court allowed a bad faith lawsuit to proceed forward for alleged delays in resolving a UIM claim, notwithstanding the assertion of mutual mistake regarding the policy. The Kentucky Supreme Court in Nicholas v. Zurich American Insurance...
In Batten v. State Farm Mutual Auto Insurance Co., 368 Ore. 538, 495 P.3d 1222, 2021 WL 4236688 (Ore. 2021) the Oregon Supreme Court struck down an insurance provision that effectively limited the insurer’s liability for UM/UIM coverage to the highest amount of...
A Progressive policy issued in Oklahoma was targeted to non-duplication of benefits in single vehicle accidents. The Progressive policy excluded coverage for bodily injuries sustained by an insured where liability coverage for the bodily injury was in an amount equal...
In a surprising ruling, the New Mexico Supreme Court deemed that insurance companies were not permitted to charge a premium for minimal underinsured motorist coverage unless the insurer’s policy disclosed that the coverage was illusory. In this case the insured...
In Progressive Northwest Insurance Co. v. Lautenschlager, 488 P.3d 509 (Idaho 2021), the Idaho Supreme Court considered whether a “combined single limit” automobile policy satisfied the State’s Financial Responsibility Act. The Court noted that the insurer’s maximum...
In Higgins v. Aguilar, 246 N.J. 75, 248 A.3d 1213 (N.J. 2021), Federal Insurance Company insured a car dealership with $1 million of liability coverage for the dealership vehicles. The Federal policy purportedly extended liability coverage to customers using dealer...
The 6th Circuit Court of Appeals recently held in Wilkerson v. American Family Insurance Co., 997 F.3d 666 (6th Cir. 2021) that ACV meant market value in a standard automobile policy and that market value did not include the taxes and fees that the insured needed to...
The South Carolina Supreme Court recently considered an automobile policy stepdown clause in relationship to criminal misconduct. In Nationwide Mutual Fire Insurance Co. v. Walls, 433 S.C. 206, 858 S.E.2d 150 (S.C. 2021) an automobile accident occurred as a result of...
In Planet Bingo, LLC v. Burlington Insurance Co., 62 Cal. App. 4th 44, 276 Cal. Rptr. 3d 348 (4th Dist. 2021), the Court found that a liability insurance carrier may have a duty to attempt settlement even though there is no settlement demand within policy limits. The...
The recent case of Eres v. Progressive American Insurance Co., 998 F.3d 1273 (11th Cir. 2021) demonstrates the failure of a questionable attempt to set up the insurance company for bad faith. In this case, the insured driver caused a motor vehicle accident which...
