Insurance Law Center: Bad Faith


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Mark B. Seiger and Jeffrey L. Kingsley on Panasia Estates v. Hudson Insurance Company and Bi-Economy Market v. Harleysville: New York's New Standard With Respect to First-Party Bad Faith Claims
Previously, New York’s highest Court did not recognize an independent tort cause of action for an insurer’s alleged failure to perform its contractual obligation under an insurance contract. New York’s seminal case for that proposition, Rocanova v. Equitable Life Insurance Society, was routinely followed. The lone rogue case which provided a pathway for insureds to receive greater protection was the First

By Mark B. Seiger and Jeffrey L. Kingsley of Goldberg
partner, Goldberg Segalla; attorney, Goldberg Segalla

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Douglas R. Richmond on Excess Versus Primary Insurers: The Bad Faith Battle
Business and individuals alike commonly purchase excess insurance and umbrella policies as protection against potentially catastrophic liability. In cases where judgments implicate such policies, disputes often arise between the excess carrier and the primary insurer. By Douglas R. Richmond
Senior Vice President in the Professional Services Group of Aon Risk Services

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Barry Zalma on Bad Faith: Time to Put A Stake Through the Heart of the Tort of Bad Faith
US law was first organized based on English Common law. When a contract was breached only contract damages could be recovered. Tort damages were limited to tortious conduct and the two categories of damages were mutually exclusive. A

By Barry Zalma
Attorney and Consultant

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Sonnenschein, Nath & Rosenthal, LLP on Wade v. Emcasco Insurance Co: Tenth Circuit Provides Insurers With a New Way To Defend Against Bad Faith Set-Ups
Plaintiffs with claims exceeding defendants’ insurance policy limits have long sought to remove those limits by setting up the insurer for bad faith claims. A common method has involved making time-limited settlement demands while withholding information important to settlement evaluation. An insurer could argue that its conduct was reasonable in light of the information available to it but could not directly attack t

By William T. Barker
Partner, Sonnenschein Nath and Rosenthal LLP

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Carrie Cope on Shielding Insurers from Bad Faith in Settlement Negotiations: The Changing Need for the White Waiver
A white waiver protects an insurer against allegations from insured that a settlement offer was made in bad faith. California legislation enacted subsequent to the court opinion, out of which the white waiver arose, appears to obviate the need to for a white waiver for settlement negotiations during mediation but courts have not yet addressed how far that protection extends. In this expert commentary, insur

By Carrie Cope
Partner, Tressler Soderstrom Maloney & Priess LLP

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Jeffrey W. Stempel on the Bi Economy Market and Panasia Estates cases: New York Embraces Consequential Damages as a Remedy in Insurance Bad Faith Claims
In a pair of recent decisions, the New York Court of Appeals, normally a court embraced by insurers (New York law is frequently the choice of insurers in drafting dispute resolution and choice-of-law clauses in policies), ruled that under apt circumstances, policyholders may seek not only payment of policy proceeds from insurers but also pursue consequential damages in cases where the insurer has acted in bad faith toward the policyh

By Jeffrey W. Stempel
William S. Boyd Professor of Law at the William S. Boyd School of Law, University of Nevada, Las Vegas

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Douglas R. Richmond on Developments in Bad Faith: Time-Restricted Settlement Offers
A wide variety of allegations of bad faith permeate insurance litigation. A common scenario involves an allegation by the policyholder or the policyholder’s assignee that the liability insurer unreasonably failed to settle a claim against the policyholder within its policy limits. This exposes the policyholder, and in turn, the insurer, to excess liability.

By Douglas R. Richmond
Senior Vice President in the Professional Services Group of Aon Risk Services

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Kirk Pasich On California's Mediation Confidentiality And Insurance Bad Faith
The California Evidence Code provisions regarding mediation clearly place restrictions on the ability to use mediation documents and communications outside the context of the mediation. Those restrictions must be considered. Parties should take practical approaches to ensure that if they need to use any mediation communications and documents, they can do so. Otherwise, parties should engage in a settlement approach that all participants agree or acknowledge is not a mediation or is no

By Kirk Pasich
Partner, Dickstein Shapiro LLP

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Sep 20 2007 12:18AM
Steven_Brower

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