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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, www.dennisjwall.com, DJW@dennisjwall.com. 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 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 www.insuranceclaimsissues.typepad.com/claims_and_issues 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
Res judicata was no defense to bad faith and statutory unfair claim handling claims in Fortson-Kemmerer v. Allstate Ins. Co., 198 Wash. App. 387, 393 P.3d 849 (Ct. App., Div. 3, 2017). The defendant underinsured motorist (UIM) carrier tried to... Continue reading
It is not unusual for a plaintiff in an insurance bad faith case to request production of the adjuster's personnel file. The insurance company then objects. This was the case in Lombardo v. Government Emp's Ins. Co., No.: 3:16cv392/MCR/EMT, 2017... Continue reading
But apparently without any explanation. In Navin v. Wells Fargo Bank, N.A., No. 3:15-cv-671 (MPS), 2017 WL 4401454 (D. Conn. September 29, 2017), the District Judge was consistent. The Judge had previously dismissed the claims of a mortgagor's father-in-law based... Continue reading
In Morrow v. Community Health Sys's, Inc., No. 3-16-cv-1953, 2017 WL 4641797 (M.D. Tenn. October 17, 2017), the Court denied a defendant's motion to compel arbitration. Rarely do any of us quote long passages from any source. For one thing,... Continue reading
In Auto-Owners Ins. Co. v. Bolden, as Personal Representative, etc., and Reverse Mortgage Solutions, Inc., d/b/a Vertical Lend ISAOA/ATIMA, No. 9:16-cv-2961-DCN, 2017 WL 3923356 (D.S.C. September 7, 2017), the Court addressed several issues. Chief among the important facts for our... Continue reading
Senate Joint Resolution 47 would force people to arbitrate their disputes even if they do not want to. Joint Resolution 47 would delete the Consumer Financial Protection Bureau's rule prohibiting mandatory arbitration. Understand that the CFPB rule does not require... Continue reading
In Lowrey v. Oregon Mut. Ins. Co., No. 2:17-cv-00831-RSL 2017 WL 3769424 (W.D. Wash. August 29, 2017), a Stipulated Protective Order conceals discovery from the public. The Stipulated Protective Order says that it is not a disfavored blanket or umbrella... Continue reading
In Duncan v. GEICO Gen. Ins. Co., No. 8:17-CV-40-T-30TGW, 2017 WL 4574605 (M.D. Fla. October 13, 2017), the Court held that perfection is not required in the handling of an Uninsured Motorist (UM) claim to avoid a bad faith claim... Continue reading
After bad faith claims were dismissed under Pennsylvania law in this Federal case, amended bad faith claims related to alleged investigation and evaluation of uninsured motorist (UM) claim stated claims upon which relief could be granted, in Meyers v. Protective... Continue reading
Is Healthcare Coverage still available under the Affordable Care Act? Absolutely. Can you and can your clients still sign up? Definitely. Will you and will your clients be able to sign up now if you want? Totally. Answers to these... Continue reading
Additional insureds are a fertile source of bad faith and unfair practices claims against liability carriers. So are construction cases. Both of these threads came together in Pulte Home Corp. v. American Safety Indem. Co., 223 Cal. Rptr. 3d 47,... Continue reading
Prejudgment Interest was awarded on an ERISA claim in Hart v. Unum Life Ins. Co. of Am., No. C 15-05392 WHA, 2017 WL 4418680 (N.D. Cal. October 4, 2017), in large part because the evidence supported a finding that the... Continue reading
If you or your clients do not have health insurance coverage, check out and sign up at www.healthcare.gov. You may not have heard the word that health care coverage is available -- right now, today, even as you read these... Continue reading
In Lowrey v. Oregon Mut. Ins. Co., No. 2:17-cv-00831-RSL, 2017 WL 3769424 (W.D. Wash. Order Dated August 22, 2017, Filed August 29, 2017), the Court signed a Stipulated Protective Order that will make it easier to conceal evidence and keep... Continue reading
UMBRELLA PROTECTIVE ORDERS IN INSURANCE BAD FAITH CASES. Umbrella protective orders are often proposed and entered in insurance bad faith cases. They forestall discovery in advance, and in the usual case they often act as a bar to disclosing information... Continue reading
A Bankruptcy Judge ruled that a foreign insurer must post bond prior to filing a motion to compel arbitration, in In re MF Global Holdings Ltd. (MF Global Holdings Ltd. v. Allied World Assur. Co.), 569 B.R. 544 (Bankr. S.D.N.Y.... Continue reading