Someone recently asked me if bad faith tort claims originated in California. Although I cannot say that California is the jurisdiction in which bad faith claims were founded, I can safely say that the development of what we consider the current insurance bad faith tort cause of action is heavily influenced by two landmark California [...]
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The Evolution of the Tort of Bad Faith is Heavily Influenced by California Cases
3 Apps to Stop Texting While Driving
Technology comes to the rescue by reducing the temptation to drive distracted. Most states in the U.S. have passed laws that ban texting or complete cell phone use while driving. And for good reason, as these numbers indicate: Cell phone use while driving increases reaction time by the same amount as having a blood-alcohol concentration [...]
The Proof Is Not Always In the Numbers – Understanding Business Interruption Claims
Many insurance company adjusters deny, disclaim or reduce the amount of a business interruption claim, stating that amount of the loss is speculative or has not been “adequately” supported. A conjured or baseless claim should never be covered, and policyholders should always provide competent proof of an actual loss of income as a result of [...]
California Enters a New Year “On Fire”
As California enters the New Year, both Northern and Southern California have experienced problems with wildfires. Of the six fires in the Northern California Region which occurred over the last month, one still remains active and is only 40% contained in Calaveras County. When Northern and Central California experiences wildfires, even if the local vineyards [...]
Are Deliberate Acts “Accidents” for the Purposes of Insurance Coverage in Texas?
Many businesses have commercial liability insurance policies which provide coverage if they ever lose a lawsuit for damages caused by their goods or services. Here’s an overview of how such coverage generally works: (1) the insured is sued for damages stemming from its business operations; (2) the insured loses in court and is ordered to pay [...]
Is Your House Locked Up Tight?
Locks, alarms and proper installation deter burglars from entering your home. You probably lock all of your doors and windows before you go out. That’s an excellent start to keeping your home secure. But there’s more to protecting your home. Having the right locks—and the right alarm system for extra security—can help keep your family [...]
Bad Faith and Breach of Contract in the Same Lawsuit? Yes, But …
Florida Statutes authorize a civil lawsuit against an insurer when it does not attempt “in good faith to settle claims [and] it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.” Fla. Stat. § 624.155(1)(b)(1) (2011). In general terms, under [...]
