The Brave New World of New York Insurance Disclosure
Written by: Joshua T. Reece, Esq. Edited by: Nicole A. Callahan, Esq. New York’s governor closed 2021 by signing into the law the Comprehensive Insurance Disclosure Act (CIDA), which placed onerous new insurance disclosure requirements on
Duty to or Not to Defend? That is The Question. Recent Application of the ‘Eight-Corners Rule’ Under Texas Law in Finding Insurer Had Duty to Defend
Written by: Timothy A. Bishop, Esq. In Siplast, Inc. v. Emps. Mut. Cas. Co., 23 F.4th 486 (5th Cir. 2022), the Fifth Circuit Court of Appeals, construing Texas law, applied the “eight-corners rule” in finding that the insurer had a d
Bad Faith Claims Arising under Claims for UM/UIM Benefits Permitted under New Jersey Insurance Fair Conduct Act
Written by: Kelly P. Corrubia, Esq. On January 18, 2022, Governor Murphy signed Senate Bill 1559, the “New Jersey Insurance Fair Conduct Act” (“NJIFCA”). The NJIFCA creates an individual cause of action for bad faith arising from a c
S(l)imms Pickens for UM Coverage in South Carolina When At-Fault Driver is Excluded from Insured’s Policy
Written by: Alan R. Belcher, Jr., Esq. USAA v. Pickens, __ S.C. ____, 2021 (Filed August 11, 2021.) In this appeal, the Supreme Court of South Carolina was asked to address the applicability of mandatory uninsured motorist coverage (UM) under a
Get Your Head in the Game: Georgia Court Warns Insurers About the Consequences of Bench-Warming During a Pending Lawsuit Against the Insured
Written by: Tiffany Winks, Esq. and Breanna Vega, Esq. The United States District Court for the Middle District of Georgia, recently decided Barrs v. Auto-Owners. In Barrs, in the underlying suit Barrs brought suit against AAA Contractors (̶
U.S. District Court Clarifies the Interplay Between Contractual Obligations to Procure Property Insurance and “Other Insurance” Clauses
Written by: Thomas K. Wingfield, Esq. Hall Booth Smith, PC obtained summary judgment in favor of an owner’s property insurer, finding that the property policy procured by the tenant of the property provided primary insurance in a declarato
Fourth Circuit Says Lack of Time to Investigate a Claim Can Create an Objectively Reasonable Basis for an Insurer to Refuse a Settlement Demand
Written by: Elizabeth Wieters, Esq. In an unpublished per curium opinion styled Columbia Insurance Company v. Christopher Kamil Waymer, et al, the Fourth Circuit Court of Appeals recently reviewed and affirmed the South Carolina District Court
If At First You Don’t Succeed: Georgia Legislature Amends Pre-Suit Demand Statute to Provide Additional Protections to Insurers
Written by: Abe Varner, Esq. The Georgia legislature recently made significant revisions to O.C.G.A. 9-11-67.1, the Georgia statute governing pre-suit settlement demands for injuries arising out of the use a motor vehicle. The amended statute
No Notice, No Problem. Georgia Supreme Court Rules That Lack of Notice of Suit Does Not Relieve Insurer from Subsequent Bad Faith Failure to Settle Suit
Written by: Paul Trainor, Esq. On April 19, 2021, the Georgia Supreme Court issued its opinion in Geico Indemnity Co. v. Whiteside, dealing another blow to insurers in the context of bad faith claims. The underlying case arose from a motor vehic
Step-Down Provisions in Automobile Insurance Policies issued in South Carolina Deemed Unenforceable in Recent South Carolina Supreme Court Decision
Written by: Joseph D. “Trey” Thompson, III In the recent case of Nationwide Mut. Fire Ins. Co. v. Walls, Opinion No. 28012, filed March 10, 2021, the South Carolina Supreme Court in a declaratory judgment action essentially eliminated an aut