National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Tag Archives: policy

Washington’s Insurance Fair Conduct Act Does Not Create a Cause of Action for Regulatory Violations

Posted in Auto Liability Coverage, Liability Coverage, News, Recent Cases, Uncategorized
Today, in Isidoro Perez-Crisantos v. State Farm Fire & Casualty Company, the Washington Supreme Court held the Insurance Fair Conduct Act (IFCA) did not “create[] a new and independent private cause of action for violation” of  the Washington Administrative Code (WAC) “in the absence of any unreasonable denial of coverage or benefits.” This case arose… Continue Reading

When can an Insurer’s Representations during Policy Negotiations Prevent Enforcement of the Written Policy Terms? Recent Oregon case Deardorff v. Farnsworth offers insight.

Posted in Liability Coverage, Recent Cases
In Oregon, under certain circumstances when an insurer denies a defense, an insured may rely upon the doctrines of estoppel and oral binder to avoid the written terms of the policy.  Estoppel precludes an insurer, based on its acts, conduct, or silence when there is a duty to speak, from asserting a right that otherwise… Continue Reading

Obstacles to Class Actions on Insurance Matters

Posted in Bad Faith/Extra Contractual
Typically class actions and claims for insurance bad faith do not mix. This is for the simple reason that insurance bad faith actions usually involve individualized facts, individualized policies and separate claims handling. Uniform claims, therefore, are less prevalent in insurance bad faith, and thus less likely to satisfy the class action requirements under Civil Rule 23(a) of numerosity, commonality, typicality and adequate representation. However, class actions can nevertheless play a role in insurance bad faith claims and insurance coverage cases.… Continue Reading

California Guidance on Settlement Where Excess of Policy Limits Exposure

Posted in Bad Faith/Extra Contractual
In settling an insurance claim, the ground rule is reasonableness – on both sides. This was reiterated in a new decision from California’s appellate courts: Reid v. Mercury Ins. Co. (2013) __ Cal.App.4th __ (2013 Cal.App. LEXIS 798). In that case, the court affirmed the trial court’s ruling that there was no “bad faith” in… Continue Reading

EPL Policies Should Be Reviewed With FLSA Damages In Mind

Posted in Recent Cases
Employers—who are often sued for discrimination, retaliation, breach of contract, and statutory violations—have increasingly turned to Employment Practices Liability Insurance (EPL) to protect themselves against a coverage gap for employment-related claims.  In turn, coverage disputes under EPL policies have led to litigation over how the policies should be interpreted and administered.  It should come as… Continue Reading

Alabama District Court Applies Financial Interest Exclusion To Defeat The Duty To Defend Under Real Estate Professional Errors And Omissions Policy

Posted in Recent Cases
The financial interest exclusion was recently applied to defeat an insurer’s duty to defend under a real estate professional errors and omissions policy – and explained through a memorably simple analogy – in Cont’l Cas. Co. v. Homecorp Mgmt., Inc., 2012 U.S. Dist. LEXIS 43210 (M.D. Al., March 29, 2012). … Continue Reading

2003, 2004, 2005 – In Review

Posted in Liability Coverage
2003, 2004, 2005 – (Happy new year!)  It is difficult to keep up with that Mike Aylward – especially when he is in a reminiscing-kind of mood. But I have to add my two cents, in addition to Mike’s list, of important California decisions from these three years because of their long-lasting impact, mainly in the area… Continue Reading

Oregon District Court Addresses the Meaning of “Condominium” in a CGL Policy

Posted in Recent Cases
In Bridgetown Condominium Homeowner’s Assn. v. Granite State Ins. Co., 2009 U.S. Dist. LEXIS 51568, Judge Anna Brown of the Oregon District Court recently examined the meaning of the undefined term “condominium” within the meaning of a CGL policy. In Bridgetown, the plaintiff homeowner’s association had previously settled a state court action with a defendant… Continue Reading

Oregon Federal Court Addresses Who Is An Insured

Posted in Recent Cases
In Mt. Hood, LLC v. Travelers Cas. & Sur. Co., 2009 U.S. Dist. LEXIS 16775 (March 3, 2009), the U.S. District Court for the District of Oregon analyzed whether an individual and a corporation qualified as insureds under a policy issued to a condominium homeowners association. The HOA, Collins Lake Resort Homeowners Association, sued Mt.… Continue Reading

Oregon Supreme Court Requires Auto Insurer to Reimburse Insured for Residual Diminution in Value

Posted in Recent Cases
In Gonzales v. Farmers Insurance Company, 2008 Ore. LEXIS 965, 1 (2008), the Supreme Court of Oregon considered the extent of an insurer’s indemnity obligation where repairs failed to restore an insured vehicle to its “pre-accident condition.”  Following an accident which damaged the insured’s 1993 Ford pickup, the insured paid $6,993.40, minus the deductible, in… Continue Reading

U.S.D.C. for Southern District of Mississippi Allows Insurer to Correct Admission as to Operative Policy

Posted in Recent Cases
Geico Insurance Co. v. Hall, 2008 U.S. Dist. Lexis 77347 (S.D. Miss. Oct. 1, 2008) presents at least some evidence that in some states insurers are able to make mistakes and still prevail. When Geico filed its complaint, it included a copy of the insurance policy Geico claimed was the operative policy at issue. Under… Continue Reading