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Dennis Wall
Dennis J. Wall, Attorney at Law, A Professional Association presenting legal research papers and materials, particularly those related to the subject of insurance.
Here is my contact information if you would like to contact me about any of my posts or other matters of Insurance Claims Handling, Coverage, or Good Faith and Fair Dealing:C: 407.617.4693. P.O. Box 195220, Winter Springs, FL 32719-5220,, I have been a lawyer since 1978 and I have written and updated my first Book, "Litigation and Prevention of Insurer Bad Faith," since 1983.
Interests: expert witness. good faith and fair dealing. insurance coverage. catastrophic claims. first party and third party insurance claims. appeals. fiduciary
Recent Activity
In a recent article, I have addressed a pair of issues (among others) that deserve to be repeated here. I have made the article available on my website at "Social Security Old-Age Insurance: Is There a Constitutional Right?" 39... Continue reading
In Spine Care Delaware, LLC v. State Farm Mut. Auto. Ins. Co., No. 17-1816, 2018 WL 810112 (D. Del. February 9, 2018), the United States District Court for Delaware applied Delaware law, naturally enough, to a provider's unpaid Personal Injury... Continue reading
GEICO prevailed in a first-party bad faith case in Florida. Then came GEICO's request for costs as the prevailing party. Prevail? Not so much when it came to costs, it seems. GEICO asked for its insured to pay two kinds... Continue reading
In Evergreen Lakes HOA, Inc. v. Lloyd's Underwriters at London, 230 So. 3d 1, No. 4D16–2657, 2017 WL 4679597 (Fla. 4th DCA October 18, 2017), the plaintiff homeowner's association incurred hurricane damages and sued for breach of the insurance contract.... Continue reading
In a big, multi-district case where there are no binding rules, an MDL court actually flipped the presumption of public access to judicial proceedings, and put the burden of proving that things should not be blacked out on the parties... Continue reading
In Apex Mort. Corp. v. Great N. Ins. Co., No. 17 C 3376, 2018 WL 341661 (N.D. Ill. January 9, 2018) (Weisman, USMJ), a U.S. Magistrate Judge was confronted with numerous discovery requests in a bad faith case. As anyone... Continue reading
In Gennock v. Budal, No. 17-454, 2017 WL 6883933 (W.D. Pa. November 29, 2017) (Mitchell, USMJ), recommendation adopted by U.S. District Judge, No. 2:17cv454, 2018 WL 350553 (W.D. Pa. entered January 4, 2018, filed January 9, 2018) (Cercone, USDJ), the... Continue reading
This is a post-postscript to the postscript posted here on Tuesday, January 9, 2018. Here is a link to Seth Meyers Late Night show featuring The Ballad of "Sneaky Dianne". Enjoy! Please Read The Disclaimer. ©2017 by Dennis J. Wall.... Continue reading
A case in New Jersey illustrates three things about the application of generally accepted rules of law in the United States: When a liability carrier is deciding whether or not the insured will be better off if the carrier pays... Continue reading
Here is a copy of the transcript of testimony by GPS Fusion founder Mr. Glenn Simpson behind closed doors to the Senate Judiciary Committee on August 22, 2017. It is apparently redacted and future posts will explore how much. In... Continue reading
The powers controlling the present Congress continue to conceal testimony given behind closed doors. They persist in their refusal to make public the transcripts of testimony given under oath many months ago. All despite the wishes of the witnesses that... Continue reading
In order to qualify as covered "Personal Injury" under a Comprehensive General (or Commercial General) Liability policy (CGL), "wrongful eviction" requires a possessory interest or there is no Personal Injury Coverage and so no duty to defend or duty to... Continue reading
"At issue is a report prepared by a structural engineering consultant, Thomas Walstrom, P.E., of EFI Global, Inc., retained by plaintiff but not disclosed as a testifying expert witness. Defendants seek the production of the report followed by other related... Continue reading
This article springs from "An Unopposed Christmas Miracle in Pennsylvania," which was published here on December 20, 2017. I noted in an article published on Insurance Claims and Bad Faith Law Blog on December 26, 2017, that I reviewed the... Continue reading
Picking up from the last article published on Insurance Claims and Bad Faith Law Blog, "A Christmas Story From Pennsylvania," another secrecy opinion has recently been released. In a recent decision announced in early December, 2017, the District Judge eventually... Continue reading
This is a story that ends with two motions, a motion for reconsideration and an "unopposed emergency motion" to reseal some documents in a Court file. But nothing wonderful can come from this story unless we begin at the beginning.... Continue reading
In Chaichian v. Sentinel Ins. Co., No. 1:16-cv-1026, 2017 WL 4891534 (W.D. Ark. October 30, 2017) (Hickey, United States District Judge), the pro se plaintiff signed a "confidential release" in settlement, was tendered a check to fund the settlement, and... Continue reading
In Westfield Ins. Co. v. Icon Legacy Custom Modular Homes, 321 F.R.D. 107 (M.D. Pa. 2017), a policyholder could not get discovery of its Commercial General Liability carrier's underwriting files. The carrier was the plaintiff in that case. It filed... Continue reading
....APPROACH TO PRODUCTION REJECTED IN ILLINOIS. Ninety thousand index cards were the subject of a defendant's concern in Illinois recently. It produced the index cards for the plaintiffs' attorneys to inspect despite the defendant's concern about trade secrets. Some or... Continue reading
No post on Insurance Claims and Bad Faith Law Blog today. If you would like, you can navigate over to for more widely reported articles. Or not. It is up to you of course. But if you do come... Continue reading
A mortgage broker's errors and omissions (E&O) policy did not provide coverage as interpreted under Arizona law in 11333 Incorporated v. Certain Underwriters at Lloyd's, London, ___ F. Supp. 3d ___, No. CV–14–02001–PHX–NVW, 2017 WL 2556755 (D. Ariz. June 13,... Continue reading
A liability carrier's decisions to simultaneously defend its policyholder under a reservation of rights, seek declaratory judgment of no coverage, and settle underlying claims against the policyholder, did not bar a bad faith claim nor claims under the Kentucky Unfair... Continue reading
Is your attention focused on the tax cuts for everybody but you? Don't miss this. This week the leadership of the United States Senate pulled a bait and switch. Or you can say that they pulled a fast one. They... Continue reading
An underinsured motorist (UIM) policyholder's bad faith claims were not barred by claim preclusion, i.e., by res judicata or estoppel, where the bad faith claims were based on the UIM carrier's alleged conduct after the policyholder had prevailed in arbitration... Continue reading
DEPENDING ON HOW YOU LOOK AT IT, IT MAY NOT BE PLAUSIBLE. In a factually complicated series of financial transactions, a property owner alleged that when he apparently could not make his mortgage payments, his property was foreclosed in 2009.... Continue reading