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BROOKLYN, NY - OCTOBER 29: Flooded streets, caused by Hurricane Sandy, are seen on October 29, 2012, in the corner of Brigham street and Emmons Avenue of Brooklyn NY, United States.

On July 1, 2024, the widespread changes to Louisiana insurance law took effect after Governor Jeff Landry signed Senate Bill No. 323 into law as “Act No. 3” (hereafter, the “Act”). With the first anniversary of the Act rapidly approaching, …

The Latest On Louisiana’s Bad Faith and Claims-Handling Statutes Read more »

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The United States Court of Appeals for the Fifth Circuit upheld a summary judgment granted to the insurer over a policyholder’s argument that payment of an appraisal award and interest may extinguish an insurer’s liability under contract but not under …

Fifth Circuit Reaffirms Appraisal and Bad Faith Jurisprudence as Policyholders Continue to Probe for Opportunities Read more »

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In December 2024, the Louisiana Second Circuit Court of Appeals rendered a significant opinion in Troung v. Sanders, et al., addressing the contentious issue of “betterment deductions” in third- party property damage claims.[1] Louisiana law allows for a betterment deduction, …

Troung v. Sanders: Matter of First Impression by the Louisiana Circuit Court of Appeals on “Betterment Deductions” in Third-Party Property Damage Claims Read more »

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In a recent decision, First United Pentecostal Church v. Church Mutual Insurance Company, the United States Court of Appeals for the Fifth Circuit reaffirmed the principle that an insured must provide adequate evidence that the insurer’s conduct was “arbitrary, capricious, …

First United Pentecostal Church: Taking Time to Resolve Doubts as to Liability is Not Bad Faith  Read more »

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A prompt response is critical when disaster strikes, but as the Fifth Circuit recently ruled, delays may be excusable in certain circumstances. In First United Pentecostal Church v. Church Mut. Ins. Co., No. 23-30779, 2024 WL 4511240 (5th Cir. Oct. …

The Fine Line Between Delay and Bad Faith: Insights from the Fifth Circuit. Read more »

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There must be something in the water or the plaintiff’s bar just had a conference where the keynote speaker addressed strategies for putting pressure on insurers by issuing time-limited demands (“TLD”) because we have been asked by several insurer clients …

The Time Limited Demand and Duty to Settle: Common Themes and Advising Your Insurer Client How to Avoid Bad Faith Read more »

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In Brodowy v. Progressive Direct Ins. Co., the Ninth Circuit affirms the district court’s granting of Progressive Direct Insurance Company’s (“Progressive”) motion for summary judgment as to claims alleging bad faith and violations of Montana’s Unfair Trade Practices Act (“UTPA”), …

Does an Optional Release Constitute Bad Faith? Read more »

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Introduction Insurers are frequently asked to satisfy their duty of good faith and fair dealing by entertaining reasonable settlement offers within the combined limits of the policies. However, primary and excess insurers do not always agree whether a particular claim …

Next Steps for an Excess Insurer After an Unsuccessful Hammer Letter Read more »

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The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union, et al., 371 …

A New Era for Extra-Contractual Damages in Oregon – What We Know and What We Are Learning Six Months Since Moody Read more »

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In an unexpected and last minute turn of events, the Oregon legislature failed to pass a final-stage version of House Bill 3242 before its regular session adjourned on June 25, 2023 for the remainder of the year.  Generally, if HB …

Oregon Legislature Falls Short On Passage of Statutory Bad Faith Cause of Action Read more »