Published: August 15, 2017

On December 24, 2013, a fire destroyed Plaintiffs’ home.  Plaintiffs’ homeowners’ policy, issued by State Farm, required insureds to submit personal property inventories within sixty days after a loss.  Three days after the fire, a State Farm agent notified Plaintiff Coenen that she needed to complete a personal property inventory before her claim could be processed.  In March 2014, a public adjustor also advised Coenen that she needed to prepare a personal property inventory.  These instructions notwithstanding, Coenen did not submit an inventory unt

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Published: July 10, 2017

John Cordell Young, Jr. put Progressive on notice of a claim for the theft of his missing motor home, which was later found submerged in a canal with a pole wedged against the accelerator. Progressive’s investigation turned up evidence of phone calls made from Young’s son’s phone near the canal. During an Examination Under Oath, Young stated that his son’s phone was in the vicinity of the canal because his son had inadvertently left the phone in the car of one of Young’s clients.

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Published: April 17, 2017

The Texas Supreme Court has announced five rules which the Court believes will “provide clarity regarding the relationship between claims for an insurance policy breach and Insurance Code violations.” USAA Texas Lloyds Co. v. Menchaca, No. 14-0721, slip op. at 6 (Tex. April 7, 2017). 

The new rules are:

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Published: March 21, 2017

McDaniel v. Govt. Empls. Ins. Co., No. 14-17203, 2017 WL 892516 (9th Cir. Mar. 7, 2017)

On cross-motions for summary judgment, the District Court for the Eastern District of California ruled in favor of Amy McDaniel, holding that GEICO had breached the implied duty to settle her lawsuit against a GEICO insured. GEICO appealed that ruling.

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Published: January 3, 2017

United States Court of Appeals for the Sixth Circuit rules that insurer’s offer to settle claims for policy limit in exchange for release and indemnification of insured strikes proper balance between competing duties of good faith to plaintiff and insured under Kentucky law.

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Published: January 3, 2017

United States Court of Appeals for the Third Circuit affirms District Court’s ruling that company’s liability insurer does not owe a duty to settle to former employee in action against company.

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