Posts in Bad Faith/Duty to Settle.
California Court Asserts Insurer Bad Faith
California Court Asserts Insurer Bad Faith
Eighth Circuit Affirms Medicare Reimbursement Claim Is Not “Based on Professional Services”
Eighth Circuit Affirms Medicare Reimbursement Claim Is Not “Based on Professional Services”
Policy Definition of “Claim” Applies to Policy Application
Policy Definition of “Claim” Applies to Policy Application
Insured Bank’s Acceptance of Loan Payments Without Good Faith Constitutes Uninsurable Loss 
Insured Bank’s Acceptance of Loan Payments Without Good Faith Constitutes Uninsurable Loss 
Coverage for SXSW Refund Lawsuit Barred by Contract Exclusion
Coverage for SXSW Refund Lawsuit Barred by Contract Exclusion
Delaware Federal Court: No Coverage Under D&O Policy For Claims Based On Acts Alleged To Have Occurred Prior To Insured Entity’s Formation
Delaware Federal Court: No Coverage Under D&O Policy For Claims Based On Acts Alleged To Have Occurred Prior To Insured Entity’s Formation
Delaware Superior Court Reaffirms That Appraisal Action Is Not A Claim For A Wrongful Act Under D&O Policy
Delaware Superior Court Reaffirms That Appraisal Action Is Not A Claim For A Wrongful Act Under D&O Policy
Claims under Illinois False Claims Act Not Uninsurable under Illinois Law
Claims under Illinois False Claims Act Not Uninsurable under Illinois Law
A Defending Insurer’s Reserving Rights and Seeking Declaratory Judgment Does Not Constitute Bad Faith in California
A Defending Insurer’s Reserving Rights and Seeking Declaratory Judgment Does Not Constitute Bad Faith in California
Date of Wrongful Acts, Not Harm Caused By Acts, Relevant Factor in Determining Application of Retroactive Date Exclusion
Date of Wrongful Acts, Not Harm Caused By Acts, Relevant Factor in Determining Application of Retroactive Date Exclusion
Insured Barred From Settling Without Insurer’s Consent Absent Breach of Duty to Defend But Insurer Must Exercise Good Faith in Settlement Negotiations
Insured Barred From Settling Without Insurer’s Consent Absent Breach of Duty to Defend But Insurer Must Exercise Good Faith in Settlement Negotiations
D&O Policy’s Professional Services Exclusion and Contract Exclusion Do Not Bar Coverage For Claims Arising from Trade Show Cancellation
D&O Policy’s Professional Services Exclusion and Contract Exclusion Do Not Bar Coverage For Claims Arising from Trade Show Cancellation
No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision
No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision
Good Faith but Mistaken Denial of Coverage Does Not Support Bad Faith Claim or Consequential or Punitive Damages
Good Faith but Mistaken Denial of Coverage Does Not Support Bad Faith Claim or Consequential or Punitive Damages
Florida Supreme Court Allows Defending Insurer To Pursue Malpractice Action Against Defense Counsel
Florida Supreme Court Allows Defending Insurer To Pursue Malpractice Action Against Defense Counsel
Where Policy Contains no Duty to Defend, Reasonableness of Insurer’s Decision to Withhold Consent to Settlement Judged from Insurer’s Perspective
Where Policy Contains no Duty to Defend, Reasonableness of Insurer’s Decision to Withhold Consent to Settlement Judged from Insurer’s Perspective
Delaware Supreme Court Applies Delaware Law in D&O Coverage Dispute Involving California Company Incorporated in Delaware
Delaware Supreme Court Applies Delaware Law in D&O Coverage Dispute Involving California Company Incorporated in Delaware
Ninth Circuit Holds that Excess Carrier May Challenge Allocation of Primary Carrier’s Settlement that Resolves Both the Underlying Claim and a Coverage Dispute
Ninth Circuit Holds that Excess Carrier May Challenge Allocation of Primary Carrier’s Settlement that Resolves Both the Underlying Claim and a Coverage Dispute
Disclosure of False Claims Act Investigation Not Required by Policy Application Questions
Disclosure of False Claims Act Investigation Not Required by Policy Application Questions
Malpractice Insurer Not Liable for Bad Faith for Rejecting Settlement Demand Within Limits
Malpractice Insurer Not Liable for Bad Faith for Rejecting Settlement Demand Within Limits
Illinois Court of Appeals Rules Insurer Did Not Act in Bad Faith in Denying Coverage Where Claim Was Made Before Policy Period
Illinois Court of Appeals Rules Insurer Did Not Act in Bad Faith in Denying Coverage Where Claim Was Made Before Policy Period
Ninth Circuit Holds That Alleged Misappropriation of Client Funds Triggers E&O Coverage, But No Bad Faith Where Insurer’s Denial Was Reasonable
Ninth Circuit Holds That Alleged Misappropriation of Client Funds Triggers E&O Coverage, But No Bad Faith Where Insurer’s Denial Was Reasonable
Massachusetts SJC: E&O Insurers May Allow Insureds to Veto Settlement, But Settlement-Related Duties to Claimants Remain
Massachusetts SJC: E&O Insurers May Allow Insureds to Veto Settlement, But Settlement-Related Duties to Claimants Remain
Court Sends Disputes Regarding Cooperation and Prior Knowledge to the Jury
Prior Favorable Coverage Determination is Evidence of Good Faith
Dole Insurers Did Not Act in Bad Faith
Court Holds Under Colorado Law Insurer is Entitled to Reimbursement of Settlement Payment From Insured
Insurer Must Defend Utility in Suit Based on Outage, Despite Exclusion for Property Damage and Resulting Loss of Use
Statute of Limitations Period Begins When Insured Can Plead Prima Facie Elements of Bad Faith Case
Alleged 42 U.S.C. § 1983 Violations Not Professional Services Caused by “Negligence”
Four Claims Regarding Same Appraisal Methodology Are Covered but Related and Therefore Confined to One Policy Year
Insured Fails to State a Claim for Bad Faith and Cannot Pursue Extra-Contractual Damages Without Independent Tort
Excess Insurer Standing in Shoes of Insured for Equitable Subrogation Claim against Primary Insurer Must Prove Bad Faith
Lack of Civil Lawsuit Precludes Duty to Defend, While Prior Knowledge Exclusion Bars Indemnity Coverage
Insurer Potentially Liable for Failing to Initiate Settlement Discussions
Insured Fails to Allege Bad Faith Damages When Settlement Was Funded by Another Insurer
Fee Exclusion Bars Coverage for Overdraft Fee Settlement
Bankers’ Professional Liability Policy Excludes Overdraft Fee Litigation From Coverage
Fifth Circuit Holds that Prior Knowledge Exclusion is Unduly Broad
Insured’s Settlement Without Regard to Reasonableness Rendered Consent Judgment Unenforceable Against Insurer that Breached Duty to Defend
No Action Clause Does Not Bar Insured's Duty to Defend/Bad Faith Claims Against Insurer
Insured Not Prejudiced by Insurer’s Failure to Attend Settlement Meetings; Alaska Law Precluding Recoupment of Defense Costs Preempted by Federal Risk Retention Group Statute
Insured Stated Claim for Breach of Contract and Bad Faith Against Claims Administrator
Insurer that Rejected Exception from Release Language Liable for Bad Faith Failure to Settle Despite Offering Policy Limits
Montana High Court Rules that Evaluation of Reasonableness of Stipulated Settlement Must Consider the Merits and Value of the Underlying Case
Employee Stock Ownership Plan Participant Cannot Pursue Fiduciary Breach and Bad Faith Claim Against Insurer of Plan’s Fiduciaries
Insurer Did Not Breach Duty to Defend Where it Refused to Defend Insured’s Husband and Marital Community
Excess Insurer Can Pursue Statutory and Common Law Bad Faith Claims Against Primary Insurer as Assignee of Insured
Insurer Not Estopped from Denying Coverage for Failing to Send Second Coverage Letter
Court Dismisses Coverage Action Where Claims Were Made Before Policy Period and Barred by Prior and Pending Litigation Exclusion
Pre-Tender Defense Costs are Uncovered Voluntary Payments
Court Holds Insurer Can Allocate Settlements
Insurer Could Face Bad Faith Liability Even Though It Has No Duty To Defend
No Coverage, No Estoppel, No Duty to Settle; Prior Knowledge Exclusion Bars Coverage for Insured’s Malpractice Claim
Specific Litigation Exclusion Bars Coverage for Condo Owners’ Second Lawsuit against Condo Association
No Coverage for Claims Arising from Failure to Appeal Adverse Decision
Second Circuit Affirms Applicability of Lower Limit on Liability Pursuant to Endorsement; No Bad Faith Claim
Reimbursement of Defense Costs at Panel Rate Does Not Constitute Irreparable Harm for Preliminary Injunctive Relief
Coverage for DOJ Investigation Not Barred Because No Way to Determine Whether There Was Substantial Overlap with Earlier Lawsuits
Tenth Circuit Holds that Implied Duty to Investigate and Initiate Settlement Negotiations Does Not Extend to Excess Insurer
Pennsylvania Supreme Court Adopts “Reasonableness” Standard for Enforcing Cooperation Provision When Insurer Breaches its “Duty to Settle”
Bad Faith Action To Go To Jury
Insurer Waived Right to Rescind Where Its Agents Knew of Facts that ‘Distinctly Implied’ Information on Policy Application Was Incorrect
Demand Within Limits Not Required for California Bad Faith Failure-to-Settle Liability
Eleventh Circuit Affirms Dismissal of Insured’s Complaint in “Consent to Settle” Case
Bad Faith Claim Fails Absent Breach of Contract or Failure to Settle
Louisiana Supreme Court Holds Settlement Demand Not Prerequisite for Bad Faith Failure-to-Settle Liability
Indiana High Court Holds Settlement of Managed Care Organization Multi-District Litigation Is Covered under E&O Policies
Prejudice Irrelevant to Late Notice Where Timely Notice Is Condition Precedent
Georgia Supreme Court Unanimously Holds That Insured Cannot Sue Insurer for Amounts Paid to Settle Claim Without Insurer’s Consent
Insurer Not Liable for Bad Faith in Absence of Special Relationship with Insured or Unreasonable Denial of Coverage
Contract Exclusion Does Not Bar Coverage for Intentional Misrepresentations During Pre-Contract Negotiations
Criminal Indictment Constitutes Related Claim to Letter from State Attorney General
Broadly Worded Securities Exclusion Does Not Unambiguously Bar Coverage for ERISA Lawsuits
Primary Insurer’s Bad Faith Refusal to Settle Within Primary Limits Not Actionable Where Excess Insurer Could Not Prove It Would Have Accepted the Offer
Offer to Settle Within Policy Limits Not a Requirement for Bad Faith Failure to Settle Claim
Podcast: What Insurers Should Know About Bad Faith Claims in Florida
No Summary Judgment for Insurer Regarding Claims for Punitive Damages and Emotional Distress Arising After Insureds’ Initial Claim
Washington Appellate Court Holds Reasonable Covenant Judgment Sets Floor, Not Ceiling, for Bad Faith Damages
Wiley Executive Summary

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