Louisiana federal courts have been split on the issue regarding the applicable prescriptive period (statute of limitation) for first-party insureds’ bad faith claims against their insurers. Recently, the Louisiana Supreme Court granted review of Smith v. Citadel Insurance Company, to definitively rule on the primary legal issue presented: “the proper prescriptive period applicable to a first-party bad faith claim against an insurer.”1 Continue Reading What Is the Prescriptive Period for Louisiana First-Party Bad Faith Claims?

Every once in a while, Colorado federal district court judges decide to provide more clarity on legal defenses asserted by insurers. One such recent case is a great case study regarding the evolving standard relative to an insurer’s ability to assert a failure to cooperate defense in litigation. In Excel Construction Group v. GuideOne Mutual Insurance Company,1 the trial court recently evaluated the failure to cooperate defense for defenses asserted before the enactment of C.R.S. § 10-3-1118. Excel was filed by a contractor by assignment of an insurance claim. Excel filed a lawsuit against a church facility’s insurer for breach of contract damages and a violation of Colorado’s insurance bad faith statute, C.R.S. § 10-3-1115 and 1116, in the federal district court of Colorado on December 31, 2020.   

Continue Reading Does an Insured Have to Respond to an Insurer’s Document Request or Else Risk Legal Action Asserting a Failure to Cooperate as an Absolute Bar to Insurance Recovery?

Foy and Anita Taff

The Georgia Association of Public Insurance Adjusters will hold its Spring Meeting on May 14 in Atlanta. GAPIA is one of the hardest working public adjuster associations I have ever been associated with. Unfortunately, we will be without Foy Taff of Taff Claims Service. Continue Reading Georgia Association of Public Insurance Adjusters’ May 14 Spring Conference Will Be Missing Foy Taff