SDV Insights

Bad Faith Insights

Is New Jersey's Unfair Claim Settlement Practices Act Obsolete?

Most states have some version of an Unfair Claim Settlement Practices Act (UCSPA), which is intended to prohibit insurers from engaging in unfair claims settlement practices. While the UCSPA is based off a model act, there are differences from state to state. For example, New Jersey's UCSPA does not allow a private cause of action against an insurer - instead, the Commissioner of Banking and Insurance retains sole enforcement authority under the UCSPA.

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Statute of Limitations and Bad Faith Claims: Factors to Consider

How much time do our clients have to bring a bad faith action against an insurer? Although we are not frequently asked this question, it is one that we constantly analyze before asserting a bad faith claim.

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What is Bad Faith?

As a policyholder, you may have heard the term "bad faith" in the context of litigation against your insurer. Bad faith in the insurance context is a catch-all term for a broad category of claims that can be brought against your insurer.

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Recent Events Highlight the Importance of Corporate Entities Assessing Their Cyber Risk

The high-profile cyberattack on Colonial Pipeline Company is a poignant reminder of the new and ever-evolving risks corporate policyholders face. In addition to the risk of loss or damage from conventional causes, such as physical damage to property and equipment, companies must also contemplate their exposure to losses involving electronic transactions and electronically stored information.

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D&O Practice Notes: Beware of Broad Contract Exclusions

Contract exclusions are common fixtures in directors and officers liability policies; however, they can be broadly interpreted to eliminate valuable coverage. The purpose of this Practice Note is to assist policyholders in identifying whether their policies contain a contract exclusion and providing them practical recommendations to assist in negotiating more favorable language in their policies.

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Class Actions Resulting From Covid Claims and Bad Faith, published by Property Casualty 360

In the year following the global outbreak of COVID-19, thousands of businesses have experienced unprecedented financial hardship. It is no surprise that surviving businesses are looking to their insurance policies to recover lost business income incurred as a result of the pandemic.

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Energy Company Covered for Business Interruption Losses Caused by Fire and Resulting in Town-Ordered Shutdown

In the case of NextSun Energy Littleton, LLC v. Acadia Ins. Co., the United States District Court of Massachusetts held that once direct physical damage from a covered peril causes a covered business interruption loss, any increase in the duration of such business interruption, due to the enforcement of an ordinance or law, extends the coverage period provided for lost income.

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Auto Accidents Drove Significant Bad Faith Decisions in 2020

Insurers have a duty to handle claims in good faith. Depending on the jurisdiction, an insurer's failure to settle, unreasonable denial of a claim, or improper claims handling can expose the insurer to damages above the policy limits. Automobile accidents were a driving force behind bad faith litigation last year, with four significant appellate-level decisions handed down nationwide.

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In the Hot Seat: Connecticut takes on ExxonMobil Over Contributions to Climate Change

The State of Connecticut recently joined a growing list of state governments attempting to hold ExxonMobil ("Exxon") accountable for causing climate change, bringing the total number of such states to 21. Connecticut alleges that the oil & gas giant lied to the public for decades about climate science and its own contributions of harmful toxins to the environment.

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Power & Energy - Emerging Insurance Coverage Cases of Interest

The Power & Energy sector faces a multitude of risks that impact output and profitability, requiring sound risk management and robust insurance programs. As of recent, like most industries, there have been significant challenges facing the industry in light of COVID-19.

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