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Dennis Wall
Interests: expert witness. good faith and fair dealing. insurance coverage. catastrophic claims. first party and third party insurance claims. appeals. fiduciary
Recent Activity
Another lender force-placed insurance class action has been dismissed, not because of the substance, but on account of the procedure. King v. Homeward Residential, Inc. & Ocwen Loan Servicing, LLC, CASE NO: 3:14-CV-00183 BSM, 2017 WL 3205477 (E.D. Ark. July... Continue reading
In RSUI Indemnity Co. v New Horizon Kids Quest, Inc., Civ. No. 16-28 (RHK/TNL), 2017 WL 3382061 (D. Minn. August 4, 2017), RSUI and The Travelers issued policies that covered the same event, namely, a sexual assault by one minor... Continue reading
Today is the 43rd anniversary if that is the right word, of the first resignation by a U.S. President. Begging Your Reader's indulgence, I want to depart a little bit today from our Insurance Bad Faith theme and tell you... Continue reading
Other features of this story were addressed in an article published on Monday of this week on Insurance Claims and Issues Blog. Wells Fargo admittedly placed "collateral protection insurance" on its auto-loan borrowers and forced the premiums onto the borrowers'... Continue reading
In a case rich with issues and holdings, Judge Rakoff of the U.S. District Court for the Southern District of New York was faced with an excess carrier which raised "the equitable 'unclean hands' doctrine" as a bar to a... Continue reading
I wrote a previous article this week about a helpful opinion from a California DCA concerning California's "genuine dispute" or "genuine issue" rule: Zubillaga v. Allstate Indem. Co., 12 Cal. App. 5th 1017, 219 Cal. Rptr. 3d 620 (Cal. 4th... Continue reading
PART ONE. In a helpful opinion, a California District Court of Appeal laid out the origins and described the recent extensions of California's "genuine dispute" or "genuine issue" rule: As noted, an insurer's denial of or delay in paying benefits... Continue reading
The first amendment to the Constitution states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably... Continue reading
Here is yet another example of how deciding that claims are not "plausible" is actually a substitute for deciding the entire case at the pleading stage, when a lone judge replaces six to twelve jurors. In this example, once again... Continue reading
Last week, I wrote about a decision in California that followed the view that a formal demand to settle is not necessary before a liability carrier can be held liable for bad faith in settlement. See the article posted here... Continue reading
Did you see the pictures of disabled people in wheelchairs being arrested in the halls of the Capitol and handcuffed by the Capitol Police because in the eyes of the police the wheelchair people were threats to the public safety?... Continue reading
This is the story of a case which did not contain a demand to settle for policy limits, and still the liability carrier was found to have acted in bad faith in settlement. This case is scheduled for much greater... Continue reading
*This is a selection from the book titled "Catastrophe Claims: Insurance Coverage for Natural and Man-Made Disasters," Section 7:1 by Dennis J. Wall (©May 2017, Thomson Reuters). This selection is reprinted with permission of Thomson Reuters. Any further reproduction without... Continue reading
... DO NOT KNOW. *This is a selection from the book titled "Catastrophe Claims: Insurance Coverage for Natural and Man-Made Disasters," Section 7:1 by Dennis J. Wall (©May 2017, Thomson Reuters). This selection is reprinted with permission of Thomson Reuters.... Continue reading
Corporations tend to announce, loudly, that they have so-called "clawback" policies in place. This is intended to reassure shareholders since the purpose of clawback policies is to "claw back" payments made by the corporation to corporate officers who have allegedly... Continue reading
This is a selection from the book titled "Catastrophe Claims: Insurance Coverage for Natural and Man-Made Disasters," Section 7:1 by Dennis J. Wall (©May 2017, Thomson Reuters). This selection is reprinted with permission of Thomson Reuters. Any further reproduction without... Continue reading
This is a selection from the book titled "Catastrophe Claims: Insurance Coverage for Natural and Man-Made Disasters," Section 7:1 by Dennis J. Wall (©May 2017, Thomson Reuters). This selection is reprinted with permission of Thomson Reuters. Any further reproduction without... Continue reading
*This is a selection from the book by John K. DiMugno, Stephen Plitt, and Dennis J. Wall, titled "Catastrophe Claims: Insurance Coverage for Natural and Man-Made Disasters," Chapter 18A by Dennis J. Wall (©May 2017, Thomson Reuters). This selection is... Continue reading
­­Chapter 18A.* *This is a selection from the book by John K. DiMugno, Stephen Plitt, and Dennis J. Wall, titled "Catastrophe Claims: Insurance Coverage for Natural and Man-Made Disasters," Chapter 18A by Dennis J. Wall (©May 2017, Thomson Reuters). This... Continue reading
Ms. Linda Thompson's Chevy Cobalt caught fire parked in her carport. Reasoning that the event spoke for itself, she sued and relied on res ipsa loquitur to prove her case. She (or the party subrogated to her rights) sued General... Continue reading
In Gowan v. Mid Century Insurance Co., 309 F.R.D. 503 (D.S.D. 2015) (Duffy, U.S.M.J.), the Court ordered production of documents informing the denial of the plaintiff-policyholder's claim: Mr. Gowan asks for an order compelling Mid Century to provide documents responsive... Continue reading
This article is a continuation of the post on Insurance Claims and Issues on Monday, April 24, 2017. As an example of lower federal courts actively seeking situations in which people simply cannot sue for alleged violations of State statutes,... Continue reading
This article is a continuation of the post on Insurance Claims and Issues on Monday, April 24, 2017. As an example of lower federal courts actively seeking situations in which people simply cannot sue for alleged violations of State statutes,... Continue reading
Well, I was not chosen for a jury. No surprise there. But I did go through jury selection or voir dire. That was fascinating. I would like to tell you a little about the process I went through. The morning... Continue reading
ON JURY DUTY THIS WEEK.I am on jury duty this week. I will let you know if I get picked. If I am released in time, I will try to post a few articles this week but I doubt that... Continue reading