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

Author Tressler LLP

First Things First – Florida Supreme Court Rules Insured is Entitled to Jury Determination of UM Liability and Damages in Excess of Policy Limits Prior to Litigating First-Party Bad Faith

Fridman v. Safeco Ins. Co. of Illinois, 2016 WL 743258 (Fla. 2016) arose out of an insured’s demand for the $50,000 uninsured/underinsured motorist (UM/UIM) limit on his auto policy. The insured filed a Civil Remedy Notice pursuant to Florida’s bad… Continue Reading →

Do Not Pass Go – Third Circuit Affirms Dismissal of Bad Faith Claim Against Insurer

In Hammond v. U.S. Liability Ins. Co., 2016 WL 929288 (3rd Cir. 2016), the insured sought coverage under a Businessowners and Technology Professional Liability policy after he was sued by a technology information company. The technology company asserted ownership rights… Continue Reading →

Time Out – Delaware Supreme Court Finds Statute of Limitations for Bad Faith Begins on Final Judgment

In Connelly v. State Farm Mut. Auto. Ins. Co., 2016 WL 836983 (Del. 2016), a case of first impression in Delaware, the Delaware Supreme Court ruled that an insured’s cause of action for bad faith failure-to-settle accrues on the date… Continue Reading →

Insurers Must Exercise Caution in Denying PIP Claims Without Sound Medical Evidence or Risk Exposure to Claims Of Bad Faith

The court held, in McGee-Grant v. American Family Mutual Ins., 2016 WL 126429 (W.D. Wash. Jan. 12, 2016), that the insurer violated Washington’s Unfair Claims Settlement Practices Regulation 284–30–370 by failing to complete its investigation within 30 days and acted… Continue Reading →

Too Little Too Late – Insured’s Belated Offer to Submit to EUO Barred Breach of Contract and Bad Faith Actions

In a recorded phone call, Krikor Karamanoukian reported a claim to United Financial Casualty Company (UFCC) for vehicle property damage, which the insurer later found to be similar to a prior loss. During UFCC’s investigation, the Karamanoukians retained counsel, who… Continue Reading →

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