Date archive: March 2017

As Luck Would Have It: Evidence Insured Would Reject a Settlement Offer Excused Insurer from Notifying Insured of Such Offer

Summary: If a tree falls in the woods, and no one is around to hear it, does it still make a sound? If a claimant offers a settlement, and the insured would have rejected it had she known of the offer, is it bad faith? The Ninth Circuit said no. Rejecting a settlement without contacting…

Sandberg Phoenix attending CLM Annual Conference in Nashville

Summary: I look forward to attending, for the sixth year in a row, the Claims & Litigation Management Alliance (CLM) Annual Conference at the Gaylord Opryland Resort in Nashville, Tennessee on March 29 through March 31. This year Sandberg Phoenix will also be represented by fellow partners Steve Murphy, Tim Niedbalski, Sara Obermark, Tim O’Leary,…

Insurer Must Know When It Owes (or Say Why It Shouldn’t)

Summary: An insurer is required to know the law, and to fulfill any obligations that would exist even in its “least coverage” scenario. The Louisiana Court of Appeal found an insurer committed bad faith by failing to pay a statutorily-mandated amount despite pending litigation involving the matter that could result in reimbursement in excess of…

Insured Ordered to Pay Attorney’s Fees to Insurer for Prosecuting Frivolous Appeal

Summary: Homeowners David and Kristina Parks, brought an action against Safeco Insurance Company alleging breach of contract and bad faith in handling the claim after a wildfire destroyed their house. Safeco then hired an appraiser to determine the actual cash value (“ACV”) of the destroyed house who determined the ACV to be $169,000. Safeco paid…

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