Date archive: August 2016

Excess Insurer’s Mistake About its Applicable Limits, Absent Bad Faith, Limited its Exposure to Contract Damages

Summary: A tanker truck spilled 6,380 gallons of gasoline, which flowed underneath the highway and beneath the property of multiple homeowners. This case involved the available amount of coverage under primary and excess policies that included both commercial general liability and auto liability coverages. The primary carrier quickly exhausted its $1,000,000 Auto limit through clean-up…

Ohio Appellate Court Upholds Insurer’s Privilege Claim in First-Party Dispute

Summary: In August 2012 a fire destroyed thirty-six apartment units owned by Summit Park Apartments, LLC (“Summit Park”). Great Lakes Reinsurance (“Great Lakes”) insured Summit Park and the policy provided for construction costs, loss of business income, and out-of-pocket expenses. The policy also obligated Great Lakes to pay out claims within thirty days. Summit Park…

Jury Must Resolve Credibility Issues Controlling Florida Bad Faith Claims

Summary: In Moore, the Eleventh Circuit reversed the district court’s grant of summary judgment in GEICO’s favor. GEICO’s failure to submit an affidavit and detailed release requested by claimant’s counsel created an issue of material fact regarding its alleged bad faith conduct, precluding summary judgment. Moore v. GEICO Gen. Ins. Co. Moore, GEICO’s insured, was…

Louisiana Plaintiff Not Permitted to Bring a Bad Faith Failure to-Settle Suit Because of Lack of Proper Assignment

Summary: Dana Johno brought a suit against Leon Duplessis & Sons, Inc. (“Duplessis”) alleging it demolished his home without consent following Hurricane Katrina. Johno also named as parties to the suit Duplessis’s two subcontractors (Hard Rock Construction and Pro Tree Services), its insurer (Scottsdale Insurance Company) and the local parish government which hired Duplessis. Dana…

Reasonable Claims Handling Defeats Colorado Insured’s UIM Bad Faith Claim

Summary: Williams was injured in a car accident, settled with the at-fault driver’s insurance company for the policy limits of $25,000, and then  made a claim against her own insurance policy under the underinsured motorist (UIM) provision. Her Owners Insurance Company (“Owners”) policy  provided $100,000 of UIM coverage. Claiming medical expenses in excess of $50,000…

No Provable Conscious Wrongdoing, No Bad Faith

Summary: Thomas and Allison Missler’s home was destroyed in a fire on June 1, 2011. While the fire department was responding to the fire, the Misslers’ State Farm insurance agent, Theresa Chapman, arrived at the scene. The Misslers had purchased a homeowners insurance policy from State Farm which provided dwelling coverage, personal property coverage and…

New York’s Highest Court Applies Ohio’s Bad Faith Law

Summary: The New York Court of Appeals affirmed the trial court’s denial of Seneca Specialty Insurance Company’s (“Seneca Specialty”) motion to dismiss. Seneca Specialty relied upon New York’s restrictive bad faith requirements for this commercial property loss even though the insured’s building was located in Ohio.    The prevailing conflicts of law rule provides that whenever…

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