Insurance Law Alert
An issue that often arises in insurance coverage litigation is the extent to which an insured can shelter communications with its attorneys from an insurer which may have a defense duty or may be liable for paying a third party claim. A recent appellate decision means that insurers may not obtain attorney-client communications from their Continue Reading »
Generally third party insurers have good reason to believe that if they don’t commit bad faith, the most they will have to pay for indemnity is the amount of the insurer’s policy limit. Numerous cases, of course, have held that where an insurer breaches the duty to settle, though, it will be on the hook Continue Reading »
Can The Underlying Plaintiff Collect More Than The Amount of the Underlying Judgment in Third Party Failure to Settle Cases?
In the typical third party bad faith case, the underlying plaintiff’s attorney makes a policy limits settlement demand, the insurer does not agree to pay its limits, or does not do so in the time the plaintiff’s attorney thinks it should, and the plaintiff then obtains a verdict substantially in excess of the policy limits. Continue Reading »
In the current economic climate, first-dollar coverage has become a luxury that many commercial insureds can no longer afford. Although policies with large self-insured retentions and deductibles have always been available, they were frequently overlooked in the past when bottom lines were healthier and insurance premium costs were subject to less scrutiny. As more insureds Continue Reading »