In these uncertain and unprecedented times, the Sandberg Phoenix Insurance Team, with decades of collective experience handling coverage matters in Missouri, Illinois and Kansas, stands ready, willing and able to assist insurers with COVID-19 related insurance coverage issues, including first-party business interruption claims.
We cover current issues, highlights and best practices exclusively on claims of bad faith and extra contractual damages.
Aaron French to Present at DRI’s Insurance Coverage and Practice Symposium on December 6, 2019 in NYC
Aaron French will be speaking with co-presenter Cory Person on December 6, 2019 at 10:15 a.m. (Eastern) in the session titled Ethical Issues with Sharing Information. He will be discussing the tripartite relationship and the ethical dilemmas which may arise for defense counsel retained by the insurance company to defend the insured.
In a matter of first impression, under Iowa law, the Iowa Supreme Court held a common law claim for bad faith failure to pay workers’ compensation benefits was not available against the third-party claims administrator (“TPA”).
No Assignment, No Bad Faith: Rhode Island Supreme Court Finds Insurer Has No Duty to Third Party Claimant Unless There is an Assignment by the Insured
Automobile liability insurer brought action against its insured, an injured third-party claimant and claimant’s parents for declaratory judgment that it had no obligation to pay sums beyond the policy limits. Third-party claimant and his parents counterclaimed for declaratory relief. The Superior Court entered judgment in favor of the insurer. After appeal, the Rhode Island Supreme Court held the insurer owed no duty to third-party claimant and his parents to act in a reasonable manner and in good faith in settling claim.
Under Florida Law Court Agrees the Insured and the Insured’s Attorney’s Conduct Are Relevant to Bad Faith
An insured motorist who sustained injuries in a motor vehicle accident brought a first party bad faith action alleging the automobile insurer acted in bad faith in attempting to settle the claim for underinsured motorist (UIM) benefits. The district court granted summary judgment for the insurer; however, the Eleventh Circuit held that although actions of the insured or the insured’s lawyer were part of the “totality of circumstances” to be considered in bad faith claims, there were factual issues that still existed precluding summary judgment.