The latest extracontractual claims liability and bad faith legal issues brought to you by Tressler insurance attorneys!

Tag insurance

Out of Time – Aircraft Operator’s Conversion Claim Barred by Statute of Limitations

The Lima Delta Company v. Global Aerospace, Superior Court of the State of Delaware Case No. 16C-11 -21WCC CCLD, arose out of a claim after insured aircraft crashed off the end of the runway in Democratic Republic of Congo (“DRC”)… Continue Reading →

Pennsylvania Supreme Court Clarifies Standard For Bad Faith

The Pennsylvania Supreme Court published perhaps its most anticipated insurance case of the year: Rancosky v. Washington National Ins. Co., 2017 WL 4296351 (Sep. 28. 2017).  In Rancosky, the court held that in order to prevail on a claim for… Continue Reading →

No Penalty for Delay of Game: Insurer Reasonably Handled Plaintiff’s Claim for Years as a Matter of Law

In Richard Igartua v. Mid-Century Insurance Co., No. 2:216-cv-00849-JAD-CWH (D. Nev. June 28, 2017), the District Court granted summary judgment to an insurer as to claims of bad faith, unfair claims practices and breach of contract, while methodically presenting a… Continue Reading →

In Virginia, No Bad Faith Claim Against UM Carrier Until There’s a Judgment Against the Uninsured Tortfeasor

In Manu v. GEICO Casualty Company, No. 160852, 2017 WL 1511791 (Va. Apr. 27, 2017), the Supreme Court of Virginia provided guidance on the scope of an uninsured motorist (UM) carrier’s bad faith exposure. The plaintiff sustained more than $33,000… Continue Reading →

9th Circuit Affirms Application of Prior Litigation and Prior Loss Exclusions as Bar to Coverage

The Ninth Circuit Court of Appeals affirmed a lower federal court’s finding that a business and management insurance policy’s prior knowledge and prior litigation exclusions bar coverage for an underlying lawsuit in Douglas Woo, et al. v. Scottsdale In.  Co.,… Continue Reading →

Insurer’s Conduct During Appeal of Underlying Judgment Does Not Affect “Bad Faith” Limitations Period

Dietz v. GEICO General Ins. Co. arose out of injuries in a 2009 traffic accident involving the insured. After the insurer denied coverage for medical expenses incurred by the plaintiff, the plaintiff filed suit against the insured in 2011 and… Continue Reading →

Insurer’s Post-Settlement Demand for Release by Insured Raises Possibility of Alleged Bad Faith

In Trotter, et al. v. American Modern Select Insurance Company, the U.S. District Court for the Western District of Oklahoma recently denied an insurer’s motion for summary judgment on bad faith claims, detailing what is and isn’t reasonable conduct in… Continue Reading →

© 2024 Bad Faith Bulletin — Powered by WordPress

Theme by Anders NorenUp ↑