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HTMLCourt Finds That Violation of UIPA Can Not Be Basis for Bad Faith Claim; and Finds That Insured Could Not Meet Clear and Convincing Evidence Standard on Reasonableness Prong of Bad Faith Test (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 22, 2014, previously published on July 20, 2014
In United States Fire Insurance Company v. Kelman Bottles, LLC, property damage occurred for the insured from an event concerning an industrial glass making furnace. The insured’s all risk carrier brought a declaratory judgment action against the insured. The insured also had a Boiler and...

 

HTMLNo Separate Tort Cause of Action for Breach of Duty of Good Faith; Statutory Bad Faith Claim Pleaded Mere Possibility of Bad Faith, Not a Plausible Bad Faith Claim, and Was Dismissed With Leave to Amend (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 22, 2014, previously published on July 19, 2014
In Plummer v. State Firm Fire & Casualty Insurance Company, the insureds made a first party damage claim, involving storm damage to its roof. The insureds claimed that the insurer failed to pay anything toward the roof damage, while paying a claim for roof damage to their neighbor for damage to...

 

Adobe PDFUnited States Supreme Court Issues Decision on Contraception Insurance Coverage Mandate
Murphy Hesse Toomey Lehane LLP;
Legal Alert/Article
July 21, 2014, previously published on July 2014
In a 5-4 decision in Burwell v. Hobby Lobby, Inc., the United States Supreme Court held on June 30, 2014, that closely held, for-profit corporations can claim a religious exemption from the Affordable Care Act’s requirement to provide insurance coverage for contraception. Justice Alito,...

 

HTMLFifth Circuit Upholds Insurer’s Right to Choose Counsel When Defending under a Reservation of Rights
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on July 2, 2014
Last Tuesday, the Fifth Circuit applied the rule of Northern County Mut. Ins. Co. v. Davalos, which holds that an insurer who defends an insured under a reservation of rights retains the right to control the defense by selecting counsel, unless the facts to be adjudicated in the liability suit are...

 

HTMLHouston Court Of Appeals Affirms Commercial Ike Damage Award & Finding of Knowing Conduct
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on July 2, 2014
In the wake of a policyholder verdict which included findings of Insurance Code violations and knowing conduct by the insurer, Houston’s Fourteenth Court of Appeals affirmed the verdict in most respects last Thursday. This result will very likely be appealed to the Supreme Court of Texas and...

 

HTMLHouston Appeals Court Sides with Agents in Hurricane Ike Failure-to-Procure Dispute
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on June 11, 2014
In Houstoun, Woodard, Eason, Gentle, Tomforde & Anderson, Inc. v. Escalante's Comida Fina, Inc.., 01-11-00746-CV (Tex. App. - Houston [1st Dist.], June 3, 2014), the Houston First Court of Appeals reviewed a jury finding against insurance agents concerning damages related to Hurricane Ike....

 

HTMLDallas Federal Court Dismisses Claims for Equitable Subrogation against Three Primary Insurers
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on June 11, 2014
A Federal District Court Judge in Dallas recently granted motions to dismiss claims against three primary insurers in a suit seeking equitable subrogation for amounts paid to settle a construction defect case. In Trammell Crow Residential Co. v. St. Paul Fire Ins. Co., No. 3:11-CV-2853-N (N.D. Tex....

 

HTMLSCOTUS Affirms Bankruptcy Court Authority and Expounds Approach to Adjudicating Stern Claims
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 9, 2014, previously published on June 2014
In Executive Benefits Insurance Agency v. Arkison, the Supreme Court clarified their 2011 holding in Stern v. Marshall, 131 S. Ct. 2594 (2011). Under Stern, bankruptcy courts no longer had the authority to enter judgments in certain “core” bankruptcy claims, a power that Article III of...

 

HTMLJudge Rambo of the Middle District of Pennsylvania Addresses Scope of Bad Faith Discovery in the Post-Koken World
Thomas Thomas Hafer LLP;
Legal Alert/Article
July 7, 2014, previously published on May 30, 2014
One current battle ground in UIM and bad faith litigation is the parameters and timing of discovery in support of bad faith claims. Judge Sylvia H. Rambo addressed the scope of this bad faith discovery in Keefer v. Erie Insurance Exchange (No. 1:13-CV-1938)(M.D. Pa. March 7, 2014) where the UIM and...

 

Adobe PDFThe Alabama Supreme Court Broadens the Definition of “Occurrence” in a General Contractor’s Commercial General Liability Policy in Owners Insurance Company v. Jim Carr Homebuilder, LLC
Daniel L. Burkard; Burr & Forman LLP;
Legal Alert/Article
July 7, 2014, previously published on June 24, 2014
On March 28, 2014, the Alabama Supreme Court withdrew its September 20, 2013 opinion and substituted a new decision in Owners Ins. Co. v. Jim Carr Homebuilder, LLC, 2014 WL 1270629 (Ala. Mar. 28, 2013). In its new decision, the Alabama Supreme Court held that the definition of...

 


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