Business and individuals alike commonly purchase excess insurance and umbrella policies as protection against potentially catastrophic liability. In cases where judgments implicat ...

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.

Plaintiffs have long sought to recover in excess of policy limits against insurance carriers who are alleged to have handled or denied claims in bad faith. Until recently, the New York Court of Appeals has squ ...

US law was first organized based on English Common law. When a contract was breached only contract damages could be rec ...

A wide variety of allegations of bad faith permeate insurance litigation. A common scenario involves an allegation by the policyholder or the policyholder’s as ...

Under the bad faith law in most jurisdictions, it is often possible to show that a bad faith claim fails as a matter of law. Even though some facts may be in dispute, the dis ...

Two Iowa federal district courts have expressed differing views on the level of culpability that must be demonstrated to submit a punitive damages claim to a jury in an insurance bad faith case.&nb ...

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 invo ...

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 i ...

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 o ...