Category Archives: Bad Faith

Georgia Rejects Reservation of Rights Defense Where Insurer Denies Coverage

In Hoover v. Maxum Indemnity Company, a majority of the Supreme Court of Georgia ruled that an insured cannot disclaim coverage on one ground and reserve its right to disclaim on another.  The Court, applying Georgia law, reversed the Georgia … Continue reading

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Ninth Circuit Expands Insurers’ Duty to Settle

California insurers are going to have to become much more proactive in seeking settlements, thanks to the Ninth Circuit’s decision in Du v. Allstate Ins. Co. Here’s the background story:  Yang Fang Du was injured in a car accident, in … Continue reading

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Federal Court Orders Production of Loss Reserve and Reinsurance Information

Parties in insurance disputes sometimes seek production of information regarding loss reserves and reinsurance.  But when should such information be produced?  The Western District of Washington recently addressed this issue in Isilon Systems, Inc. v. Twin City Fire Ins. Co., … Continue reading

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Trivial Impact? An Update on Wegman

As you may recall, in January 2011, the Seventh Circuit decided R.C. Wegman Constr. Co. v. Admiral Ins. Co., 629 F.3d 724.  Here are a couple of updates on Wegman‘s impact: First, the Indiana Litigator published my article, “Non-Trivial” Pursuit: … Continue reading

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