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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
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
In Florida, unless there is a properly declared state of emergency, when a claim is made on residential property insurance coverage, by statute the carrier has fourteen days within which to provide the policyholder making that claim with a copy... Continue reading
One of the advantages of attending committee meetings is learning bits and pieces of law that may come in handy someday. At the recent meeting here in Orlando of the ABA Property Insurance Law Committee, one of the presenters mentioned... Continue reading
In Teleflex Med. Inc. v. National U. Fire Ins. Co., No. 14-56366, 2017 WL 1055586 (9th Cir. March 31, 2017), a policyholder sued its excess liability insurer for breach of contract and bad faith. The action was based on allegations... Continue reading
An essay worth reading, it provokes thought: Caprice L. Roberts, "Supreme Disgorgement" 68 Fla. L. Rev. 1413 (September 2016), also available online at http://www.floridalawreview.com/wp-content/uploads/6-Roberts.pdf, in the current issue of the Florida Law Review as these words are written. Please Read... Continue reading
Part Two. Want to change the "clawback" policies of corporations in which you or your clients hold shares? This year, both Verizon and Caterpillar are putting shareholder proxy proposals to a vote that would write new rules. Apparently many corporate... Continue reading
PART ONE. "Clawbacks" is another word to describe recouping executive pay. The ability to take some of the executives' pay package back to the bank accounts of the corporation and its shareholders is very limited, however. Basically clawbacks are only... Continue reading
Senior U.S. District Judge Roger Vinson recently wrote a decision which illuminates two parts of Florida's bad faith law. First, he wrote that the duty to investigate is a part of the insurance company's good faith duty and not an... Continue reading
On St. Patrick's Day in 2017, in an officially unreported and virtually uncitable decision, In re Hintz (Stalley v. Allstate Ins. Co.), No. 16-14816, 2017 WL 1033670 (11th Cir. March 17, 2017), a plaintiff-appellant argued that the District Court committed... Continue reading
In a 2-to-1 unsigned decision which was not released for publication nor for citation within the Ninth Circuit, a panel of the Ninth Circuit1 reversed a District Court's declaratory judgment that a failed bank's D&O policy covered the bank's directors'... Continue reading
In Briles v. 2013 GMC Terrain, MN License Number: 168KSE, VIN: 2GKFLZE3XD6336507, No. A16-0768, 2017 WL 957691 (Minn. Ct. App. March 13, 2017), a son stole a father's car and crashed it. The local police arrested the son and sent... Continue reading
In Penn-Am. Ins. Co. v. Osborne, ___ S.E.2d ___, No. 15-1018, 2017 WL 878716, at *4 (W. Va. March 1, 2017), the Supreme Court of Appeals of West Virginia reaffirmed this long-standing rule: “A consent or confessed judgment against an... Continue reading