| April 25, 2013 |
Revisiting The Litigation Privilege And Its Application In Bad-Faith Cases |
READ |
| March 28, 2013 |
Who Is Entitled to the Claims File? |
READ |
| February 28, 2013 |
Navigating The Southern Bad-Faith Buffet: Extra-Contractual Liability In The Absence Of Breach Of Contract |
READ |
| January 31, 2013 |
‘Bad-Faith' Discovery: Claim Files, Training Materials, Personnel Files, And The Kitchen Sink |
READ |
| November 21, 2012 |
Mediation (Resolving Cases With Extra-Contractual Exposure) |
READ |
| October 25, 2012 |
Square Pegs In Round Holes: When The Adjustment Process Meets The Evidence Code |
READ |
| September 27, 2012 |
The Troubles Of Trafalgar : Bad Faith In the Absence Of Breach Of Contract |
READ |
| August 23, 2012 |
Scary Stuff: Insurance Claim Files And Exceptions To The Attorney-Client Privilege |
READ |
| July 26, 2012 |
The Vanishing Right To Federal Jurisdiction In Bad Faith Claims In Florida |
READ |
| June 28, 2012 |
Chalfonte: The Supreme Court of Florida Addresses Insurance ‘Bad Faith' |
READ |
| May 24, 2012 |
Protecting Confidential Communications: Application Of The Attorney-Client Privilege In First-Party Insurance Bad-Faith Cases |
READ |
| April 26, 2012 |
Creative Methods Used To Set-Up ‘Bad Faith' Claims — Use Of Multiple Coverage Demands |
READ |
| March 22, 2012 |
A Liability Insurer's (Almost Absolute) Right To Settle Claims Without The Insured's Consent |
READ |
| February 23, 2012 |
Bullock v. Philip Morris USA, Inc.: Where ‘Reprehensibility' As An Exception To Constitutional Protections And the Ratio Guidepost Includes The Wealth Of The Defendant |
READ |
| January 26, 2012 |
Who Killed Reverse Bad Faith? And Why It Could Make A Comeback |
READ |
| December 22, 2011 |
A Wolf In Sheep's Clothing (Insurers Should Be Vigilant In Florida) |
READ |
| November 23, 2011 |
Proximate Causation In Third-Party Bad Faith: Not Every Bad Decision Is A Bad-Faith Suit |
READ |
| October 27, 2011 |
Recent Application Of State Farm v. Campbell In Bad-Faith Cases |
READ |
| September 22, 2011 |
'They Told Me So' |
READ |
| August 25, 2011 |
Applying The Litigation Privilege In Bad-Faith Cases |
READ |
| July 28, 2011 |
The Insurer's Bill Of Rights (A Balance Of Power) |
READ |
| June 23, 2011 |
Choice-Of-Law Principles Affecting Insurance Bad-Faith Claims |
READ |
| March 24, 2011 |
What Everyone Should Know About A First-Party Property Claim - But Is Afraid To Ask |
READ |
| February 24, 2011 |
The Duty to Initiate Settlement Negotiations: Where Does it Begin and How Far Does it Go |
READ |
| January 27, 2011 |
The Doctrine Of ‘Substantial Compliance': An Erroneous Application |
READ |
| January 11, 2011 |
Does Policy Reformation Create A Retroactive Bad-Faith Claim? |
READ |
| December 09, 2010 |
Splitting The Baby: The Insurer's Duty To Notify The Insured Of The Need For An Allocated Verdict |
READ |
| November 24, 2010 |
Pitfalls For The Unwary: The Use Of Releases To Preserve Or Extinguish Any Potential Bad-Faith Claims Between The Primary And Excess Insurance Carriers |
READ |
| October 14, 2010 |
Chinese-Drywall Cases And Their Impact On Liability-Insurance Carriers In Settling Multiple Claims In Good Faith Against Their Insureds In Certain State Courts |
READ |
| September 23, 2010 |
We Said What We Meant And We Meant What We Said! — Enforcing Contract Language Despite Assertions Of Bad Faith And Insurer 'Misconduct' During The Adjustment Of The Claim |
READ |
| July 29, 2010 |
Bad Faith - Variations On A Theme |
READ |
| June 24, 2010 |
'Experts' |
READ |
| May 27, 2010 |
Bad Faith and Beyond: A Business Law Primer For Insurers |
READ |
| May 13, 2010 |
(Almost) Twenty Years After Powell: Case Studies On A Liability Insurer's Duty To Initiate Settlement Negotiations |
READ |
| March 25, 2010 |
Breaking Down Privileges: Discovery of the Claim File In Florida Bad-Faith Actions |
READ |
| February 25, 2010 |
Extracontractual Recovery Without Bad Faith |
READ |
| January 28, 2010 |
A Look Back At Some Of 2009s Significant Bad Faith Decisions |
READ |
| December 24, 2009 |
The Mediation |
READ |
| November 30, 2009 |
Statutory Bad-Faith Claims Following An Appraisal Award in Florida |
READ |
| November 15, 2009 |
I Like My Claims Toasted: A Case Of Sub Shop Fraud And Arson |
READ |
| October 22, 2009 |
Does An Insured Owe A Duty Of Good Faith To Its Insurer When The Insured Is Responsible For Defense Costs In A Self-Insured Retention? |
READ |
| September 11, 2009 |
Deflating the Fraudulent Insurance Claim |
READ |
| August 27, 2009 |
Fairly Debatable? |
READ |
| July 30, 2009 |
Writ Of Certiorari Dismissed As Improvidently Granted -- The Ambiguous End To Philip Morris USA, Inc. v. Williams |
READ |
| June 25, 2009 |
The Insurer's Duty To Provide Independent Defense Counsel |
READ |
| May 29, 2009 |
Preparation For Deposition |
READ |
| May 15, 2009 |
Fraud of Historic Proportions |
READ |
| April 23, 2009 |
Arbitrary and Capricious |
READ |
| March 26, 2009 |
Florida's Bad Faith Quagmire: Is Summary Judgment Ever Available? |
READ |
| March 01, 2009 |
The Wheels On The Bus Go Round |
READ |
| February 26, 2009 |
Is Abnormal Becoming The New Normal In Alabama? |
READ |
| January 29, 2009 |
Mental Anguish |
READ |
| January 01, 2009 |
Fighting the Animal |
READ |
| December 18, 2008 |
Senseless In Seattle |
READ |
| November 25, 2008 |
Unreasonable Consent Judgments; What Next? |
READ |
| November 01, 2008 |
You Must Be Kidding |
READ |
| October 30, 2008 |
Is There Common Law Insurance Bad-Faith In Florida? |
READ |
| September 25, 2008 |
Baffled |
READ |
| August 28, 2008 |
Torts for Tots (Bad Faith And Other Independent Torts) |
READ |
| July 15, 2008 |
Exxon Shipping Co. v. Baker: Sailing Into The Confluence Of Common Law And Constitutional Standards For Punitive Damages |
READ |
| June 17, 2008 |
Consequential Damages Under the Insurance Contract -- The New "Bad Faith?" |
READ |
| May 20, 2008 |
The Begrudged "Insurance Bad-Faith-Suit" Exception to the Attorney-Client Privilege |
READ |
| April 15, 2008 |
Preventing Manufactured and Premature Bad Faith Litigation While Sharing the Burden of Cooperation in Settlement of Claims |
READ |
| March 18, 2008 |
From Beautiful Brazilians to Bear-Catchers |
READ |
| February 20, 2008 |
Appraisal Delay is Not Bad-Faith |
READ |
| January 22, 2008 |
Ripe for Campbell Review: A Florida Uninsured Motorist Claimant's Statutory Right to Recover Excess Verdict Damages in a Bad Faith Action |
READ |
| December 18, 2007 |
Punitive Damages -- The Rationale of Ratios |
READ |
| November 20, 2007 |
Bad-Faith Expert Trial Testimony |
READ |
| October 18, 2007 |
Excess Insurers: Bound Without Consent? |
READ |
| September 18, 2007 |
The Walrus and the Carpenter |
READ |
| August 21, 2007 |
When A Flood Is A Flood: The Doctrine of Contextual Ambiguity |
READ |
| July 24, 2007 |
Oxymoronic ("Tortious Breach of Contract") |
READ |
| June 19, 2007 |
Williams v. Philip Morris Inc. II – The Fog of Legal Rationale |
READ |
| May 15, 2007 |
The Death of Indemnity |
READ |
| April 17, 2007 |
Reconstruction |
READ |
| March 20, 2007 |
Caveat Insuror |
READ |
| February 20, 2007 |
A State In Crisis |
READ |
| January 23, 2007 |
Discovery of "Other" Claim Files in Coverage Disputes: The Need for a Rational Approach |
READ |
| December 20, 2006 |
When A Flood Is Not A Flood |
READ |
| November 21, 2006 |
Tweedledee |
READ |
| October 17, 2006 |
Anecdotal Insights |
READ |
| September 19, 2006 |
Remanded in Light of State Farm v. Campbell: The Opportunity For Further Illumination Presented by Williams v. Philip Morris Inc. |
READ |
| August 15, 2006 |
"But Judge" |
READ |
| July 18, 2006 |
Federal Florida |
READ |
| June 15, 2006 |
Selected Third-Party Bad Faith Liability Standards Governing Failure to Settle Cases |
READ |
| May 17, 2006 |
So You've Decided to Commit "Bad-Faith" |
READ |
| April 18, 2006 |
Achilles' Heel: First-Party Property "Bad-Faith" Damages |
READ |
| March 21, 2006 |
Bad Faith Should Be Difficult To Prove |
READ |
| February 21, 2006 |
The Implied Covenant of Good Faith and Fair Dealing |
READ |
| January 24, 2006 |
The Insurer's Dilemma: Fighting Fraud While Avoiding "Bad-Faith" |
READ |
| December 20, 2005 |
The Horror: Adjuster Under Oath |
READ |
| November 15, 2005 |
Sleep Tight, Don't Let the Bedbugs Bite: Exploring the Increasingly Ephemeral Limits on Punitive Damages |
READ |
| October 18, 2005 |
Adjuster's Code of Ethics |
READ |
| September 20, 2005 |
Katrina: Wind, Flood and Fire |
READ |
| August 16, 2005 |
What Every Insurer Should Know About Defending A “Bad-Faith” Case |
READ |
| July 19, 2005 |
Willful and Wanton |
READ |
| June 07, 2005 |
An Insurer's Liability For Punitive Damages In An Excess Judgment |
READ |
| May 17, 2005 |
Bifurcating Bad Faith |
READ |
| April 19, 2005 |
Detours: Campbell Stops At The Willow Inn |
READ |
| March 22, 2005 |
The Timely Demise of Excess Judgments (Probate Nonclaim Statutes) |
READ |
| January 18, 2005 |
Piece Of Mind: The Utah Supreme Court's Response To Campbell |
READ |
| December 21, 2004 |
An Insurer's Liability For The Bad-Faith Conduct Of Its Third-Party Administrators and Independent Adjusters |
READ |
| November 16, 2004 |
Hospital Lien Laws and Personal Injury Settlements |
READ |
| October 19, 2004 |
Florida's First-Party Bad-Faith Law |
READ |
| September 07, 2004 |
Punitive Damages And Hip-Hop |
READ |
| August 17, 2004 |
Checklist Charley |
READ |
| July 07, 2004 |
The Continuing Need for De Novo Review of Punitive Damage Awards -- Liggett Group, Inc. v. Engle |
READ |
| May 18, 2004 |
Don't Shoot The Messenger |
READ |
| April 20, 2004 |
Reliance on Experts: Shield or Sin |
READ |
| March 25, 2004 |
Litigation Conduct As Evidence Of Bad Faith And The Standard of Deceit |
READ |
| February 20, 2004 |
What Ever Happened To Rule #1? |
READ |
| January 21, 2004 |
Do Liability Insurers Have A Duty To Make An Offer Where There Is No Claim Against The Insured? |
READ |
| November 19, 2003 |
Ipse Dixit: The "Bad-Faith" Expert |
READ |
| October 15, 2003 |
Juggling Multiple Claims With Inadequate Limits |
READ |
| September 17, 2003 |
A Conversation With A Capitalist |
READ |
| August 13, 2003 |
Reflections – Thirty Years After Gruenberg v. Aetna Ins. Co. |
READ |
| July 16, 2003 |
What is a “Reasonable” Settlement When There Are Multiple Claimants? |
READ |
| June 18, 2003 |
Appraising Windstorm Claims |
READ |
| May 21, 2003 |
The Campbell Cap |
READ |
| April 16, 2003 |
The Current State of Comparative Bad Faith |
READ |
| March 19, 2003 |
"Advice of Counsel" – Defense or Defeat |
READ |
| February 19, 2003 |
Institutional Bad Faith: Individual Or Class Action Litigation (All For One? - Or - One For All?) |
READ |
| January 22, 2003 |
Anger And Punishment |
READ |
| December 18, 2002 |
Can It Be 'Bad Faith' For An Insurer To File A Declaratory Action? |
READ |
| November 20, 2002 |
Bad Faith Discovery: Are There No Limits? |
READ |
| October 23, 2002 |
Time Bombs |
READ |
| September 18, 2002 |
Spoliation As Bad Faith |
READ |
| August 21, 2002 |
Institutional Bad Faith: The Exponential Exposure of Portability And The Mother Standard |
READ |
| July 12, 2002 |
Discombobulation: Noticing the CEO For Deposition |
READ |
| June 19, 2002 |
Mold, Mildew And Marco |
READ |
| May 15, 2002 |
Crossing The Line: Punitive Damages And The Supreme Court |
READ |
| April 17, 2002 |
Seventh Circuit Court Of Appeals Finds "Independent" Insurance Broker To Be Intermediary Of Insured, Barring Coverage And Bad Faith Claims |
READ |
| January 23, 2002 |
Oops! |
READ |
| November 21, 2001 |
Recognizing Subtle Exposures To Avoid Bad Faith Claims |
READ |
| October 17, 2001 |
Justices: Please Take This Case! |
READ |
| September 19, 2001 |
Additional Insured Coverage And Bad Faith |
READ |
| July 18, 2001 |
The Duty To Investigate And Disclose |
READ |
| April 18, 2001 |
Resolution of the Underlying Claim as a Prerequisite to Bad Faith |
READ |
| March 21, 2001 |
Diminished Value In Auto Damage Claims |
READ |
| February 21, 2001 |
Possible Bad Faith In The Allocation Of Coverage For Third Party Continuous Loss Claims |
READ |
| January 01, 2001 |
Nursing Home Litigation: An Overview Of A Rapidly Evolving Area Of Practice |
READ |
| October 24, 2000 |
Raising the Coverage Defense in the Bad Faith Case |
READ |
| August 22, 2000 |
Is It Bad Faith to Settle Covered Claims Only? |
READ |
| July 25, 2000 |
Level The Playing Field: Abate Or Stay The Bad Faith Action Pending Resolution Of The Underlying Liability Or Coverage Case |
READ |
| June 20, 2000 |
The Public Adjuster's Perspective |
READ |
| May 19, 2000 |
Contractors' Bonds: Who Can Sue The Surety For Bad Faith? |
READ |
| May 18, 2000 |
Issue Revisited: Who Can Sue The Surety For Bad Faith Under A Construction Bond? |
READ |
| April 18, 2000 |
Three Reasons Why Loss Reserves Ought Not Be Admissible In A Bad Faith Case |
READ |
| March 21, 2000 |
Reimbursement of Defense Costs |
READ |
| February 15, 2000 |
Perfunctory Defense |
READ |
| January 18, 2000 |
Armageddon |
READ |
| December 21, 1999 |
Malicious Defense |
READ |
| November 16, 1999 |
Why A First Party Insurer Is Not A Fiduciary |
READ |
| October 19, 1999 |
The Duty of Good Faith: Continuing Into Litigation |
READ |
| September 21, 1999 |
Good Faith Settlement of Claims in Excess of Policy Limits Against Multiple Insureds |
READ |
| August 17, 1999 |
Multiple Claims Exceeding the Policy Limits |
READ |
| July 20, 1999 |
Advice of Counsel: Insurance Companies' First and Last Line of Defense / Mealey's Litigation Reports: Bad Faith |
READ |
| July 01, 1999 |
Standard of Care in First Party Bad Faith Actions: Is "Fairly Debatable" Fair? |
READ |
| March 16, 1999 |
Statute of Limitations in a Bad Faith Action: Which One Applies and When Does It Accrue? |
READ |
| January 19, 1999 |
Duty of Insurers to Advise Insureds of Policy Benefits |
READ |
| December 15, 1998 |
Federal Preemption of Extracontractual Claims Under Flood Insurance Policies |
READ |
| December 14, 1998 |
Supplement to Federal Preemption of Extracontractual Claims Under Flood Insurance Policies |
READ |
| November 17, 1998 |
The Expanding Scope of Discovery in Bad Faith Cases |
READ |
| October 20, 1998 |
Does a Liability Insurer Have a Duty to Initiate Settlement Negotiations? |
READ |
| August 18, 1998 |
Choice of Law in Bad Faith Cases |
READ |
| July 21, 1998 |
Recovery of Damages for Emotional Distress in Tort, Contract and Statutory Bad Faith Actions |
READ |