Author Archives: John Sandberg
Clearly Written Exclusion Defeats Contract and Bad Faith Claims
Summary: “Use” is an easily understood word that includes both intentional and accidental actions such that any use of an illegal drug triggered the exclusion. Sonja Skinner v Guarantee Trust Life Insurance Company, 2011 WL 1598787 (S.D.Ohio) In this United … Continue reading
Tagged Coverage, Exclusion, First Party
Comments Off
Being Wrong Is Okay If the Answer Is in Doubt
Summary: After plaintiff homeowners discovered significant water damage to their home, they filed a claim with their homeowner insurer, defendant Chubb, which denied the claim on the basis that it was excluded under the policy. Homeowners filed suit against Chubb … Continue reading
Tagged First Party, Minnesota
Comments Off
Failing to Pay as Required by Statute Leads to Jury Trial for Plaintiff
Summary: Insurer failed to timely pay on Med Pay coverage as required by statute. Plaintiff entitled to jury trial on her claim for emotional distress and costs of bringing suit against insurer. Marie Chery v Metropolitan Property and Casualty Insurance … Continue reading
Tagged MedPay, PIP, Statutory Violation
Comments Off
Arizona Requires Defense of Insured While Coverage Action Is Pending
Summary: Insureds receive a jury trial about bad faith of insurers in not defending them while coverage action was pending and then decided against insurers. Lennar Corp. v Transamerica Ins. Co., 251 P.3d 421 (Ct. of Ap. AZ 2011) The … Continue reading
Comments Off
Detailed Record Supports Win for Insurer
Summary: Once again a detailed record of contacts with opposing counsel leads to win for insurers on bad faith claim. Jackson v Allstate Insurance Company. 2011 Westlaw 321709 (Southern Dist. IN) Allstate issued a policy of auto insurance to Jackson. … Continue reading
Tagged Bad Faith, District Court, Indiana Law, Underinsured Motorist, Unfair Claim Settlement Practices
Comments Off
A Timely Notice of Claim Missing Key Facts Is Held to Be Sufficient
Summary: The Clinic properly reported a potential claim to insurer providing claims made coverage such that the policy covered the claim against a clinic employee. Because Medical Protective did not pay its policy limits within 30 days as required by … Continue reading
Tagged Claim Reporting, Medical Malpractice, Minnesota Law, Proper Notice, Third Party Claim
Comments Off
Good Efforts by Insurer Lead to Win
Summary: Allstate, by making consistent efforts to settle a serious injury case, convinced a jury that it was acting in good faith even though Allstate could have determined earlier that it owed the limits of its policy. Allstate Ins. Co. … Continue reading
Tagged Alaska Law, Failure to Settle, Policy Limit Demand, Reasonableness of Insurer, Time Sensitive Settlement Deadlines
Comments Off
Aggressive Discovery Tactics Support Fraud Claim Against Property Insurer
Summary: Insured owners of a shopping mall brought a fraud claim against CGL Insurer after the insurer denied coverage and filed a declaratory judgment suit in which they aggressively went after the insured. General Ins. Co. of America v. Clark … Continue reading
Tagged Discovery, Fraud, Illinois law
Comments Off
Bad Faith is Almost Always a Question of Fact
Summary: It is a question of fact as to whether an insurer who has a duty to investigate is guilty of bad faith when it asks insured to tell it if facts change such that it is exposed. Columbia Casualty … Continue reading
Tagged Duty to Inform Excess Insurer, Duty to Investigate, Question of Fact, Washington Law
Comments Off