The Rigsby sisters have now prevailed in the highest court of the land in their decade long fight against State Farm.1 The Rigsby sisters were catastrophe adjusters working for State Farm on Hurricane Katrina claims. I have noted this case for some time:


Continue Reading State Farm Claims Whistleblowers Win in United States Supreme Court and May Get Additional Evidence of Wrongdoing

Think robbers would want to turn over their secret plans and motives so their victims could discuss how they were ripped off and figure out among themselves what they could do to obtain justice from the robbers?


Continue Reading Internal Insurance Company Claims Procedures and Documents Ordered Turned Over for Litigation Purposes

On December 1, 2016, the Florida Supreme Court decided Sebo v. American Home Assurance Company, Inc.,1 resolving whether coverage existed under an all-risk policy when there were multiple causes of loss and at least one of the causes was excluded, in favor of the insured.


Continue Reading The Florida Supreme Court Clarifies What Rule to Apply When There Are Multiple Causes of Loss Under an All-Risk Policy

It is the general understanding when one brings a lawsuit on a flood claim under the National Flood Insurance Program (NFIP) that the only recovery available to the policyholder is actual damages. The policyholder is not entitled to attorney fees or bad faith (extra-contractual) damages, which might be recoverable in other first-party property damage cases. In an unusual case out of the Eastern District of North Carolina, a federal district court found Allstate acted in bad faith for unfair claims handling in a flood claim and assessed extra-contractual damages.1


Continue Reading Bad Faith Finding in NFIP Flood Case

Only insurance company claims managers and their paid for lawyers could argue that a hail dented roof is not a covered loss under a property insurance policy which specifically covers hail damage. A federal appellate court decision issued last week1 helps put an end to these crazy attempts by insurance company lawyers that argue virtually anything to get out of the contractual promise.


Continue Reading A Hail Dented Roof is Covered Direct Physical Damage and Loss

Usually policyholders are left with the option of suing their insurance carriers for breach of contract and bad faith, however a recent ruling in Pennsylvania opens up the door for policyholders to sue for negligence as well. The case is Bruno v. Erie Ins. Co., No 25 WAP 2013 (Pa. Dec. 15, 2014).


Continue Reading Pennsylvania Supreme Court: Homeowner Can Sue Insurance Carrier for Negligence

Recently the Fourth District Court of Appeal (“4th DCA”) abated a bad faith case brought against Safeco. The underlying issue of coverage was also involved in the lawsuit. We have often discussed how Florida law requires a determination of liability and extent of damages before a bad faith action can proceed. The 4th DCA decided to abate and not dismiss a bad faith action against Safeco Insurance Company in an opinion issued September 17, 2014.1


Continue Reading Bad Faith Case Against Safeco Abated, Not Dismissed, in Florida

The almost 4-year long court battle surrounding the BP Oil Spill seems to have taken a turn for the worst for BP. Last week, the U.S. District Court for the Eastern District of Louisiana determined the London-based company’s gross negligence and willful misconduct led to millions of gallons of oil being spilled into the Gulf of Mexico in 2010. This means BP could face “enhanced civil penalties” under the Clean Water Act – which nearly quadruples if a discharge of oil results from gross negligence or willful misconduct.


Continue Reading Federal Judge Finds “Reckless” and “Grossly Negligent” Conduct By BP Led to 2010 Oil Spill

On August 30, 2014, I wrote about a hot topic in Florida that concerns whether a policyholder can pursue a bad faith case against their insurance company after the claim proceeds through the appraisal process and an award is entered: In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case. Continuing on the discussion of this topic is a recent case of Merlin Law Group attorney Kelly Kubiak from Florida’s Fourth District Court of Appeal (“4th DCA”), Cammarata v. State Farm Florida Insurance Company.1


Continue Reading In Florida, An Appraisal Award May Be A Final Determination Of Liability For A Bad Faith Case – Update