Date archive: January 2016

Unapportioned Offers of Judgment Allowed in Oklahoma

Summary: Hollie Bryant, a minor, and her father filed a breach of contract and bad faith case against Sagamore Insurance Company after she was involved in an auto accident. Sagamore denied coverage on grounds of failure to cooperate and because Hollie was not an insured. After filing a motion for summary judgment Sagamore made an…

No Fiduciary Relationship Between Insured and Insurer in Virginia

Summary:  The Virginia Supreme Court’s seminal case regarding bad faith failure to settle claims is State Farm Mut. Auto. Ins. Co. v. Floyd. That opinion defines bad faith failure to settle, clarifies the relationship between the insured and insurer, and determines the standard of proof required in such cases. Floyd arose out of a head-on…

A Rhode Island Insurer’s Duties Extend to Their Insureds’ Assignees

Summary:  Michelle Asermely rear-ended a vehicle driven by Mark Rendine but owned by Julieanne Bernier.  Bernier had car insurance issued by Allstate Insurance Company with a policy limit of $50,000. Asermely’s lawsuit against both Rendine and Bernier went to arbitration where the arbitrator awarded Asermely $47,557.37, but also found her 25 percent at fault. Her…

Arkansas Supreme Court: Third Party Excess Liability Claim Lies Only in Tort

Summary:  Ethel Nelson’s car struck Mary Busby on June 10, 1964 after Busby stepped onto the street. Nelson had an automobile insurance policy from Tri-State Insurance Company with a policy limit of $10,000. Busby made two settlement offers within the policy limits, but Tri-State refused both. At trial, the jury apportioned fault between Busby and…

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