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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
SETTLING EVERY CASE IS NOT A GOOD POLICY.
A U.S. Senator is focusing the attention of the Department of Justice, the Federal Reserve, and the Securities and Exchange Commission on why they exist. They exist for the purpose of protecting the public and enforcing the law. Each of... Continue reading
Posted 2 days ago at Insurance Claims and Bad Faith Law Blog
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AFTER SANDY, NORTHEAST IS THE NEW SOUTHEAST FOR CATASTROPHE RISK ...
... UNDERWRITERS POINT TO THEIR COMPUTER MODELS TO TEE OFF ON SANDY DAMAGE. Computer models. Underwriters are now using computer models to justify talk of higher Premiums to come in the Northeast after all the damage that Sandy caused, if... Continue reading
Posted 4 days ago at Insurance Claims and Bad Faith Law Blog
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THE FDIC'S PURSUIT OF BAD FAITH.
Case law reflects the lines being drawn by the Federal Deposit Insurance Corporation in its pursuit of recoveries while standing in the shoes of banks in its receivership. In Federal Deposit Ins. Corp. v. Icard, Merrill, Cullis, Timm, Furen &... Continue reading
Posted May 7, 2013 at Insurance Claims and Bad Faith Law Blog
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NEW JERSEY FIRST-PARTY CONSEQUENTIAL DAMAGES: "VALUE AS A COMPANY".
A First-Party Bad Faith breach of contract claim may nonetheless allow for recovery of consequential damages. In New Jersey, for example, it has been held that an insurer's implied contractual duty to act in good faith and to deal fairly... Continue reading
Posted May 5, 2013 at Insurance Claims and Bad Faith Law Blog
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INVESTMENTS IN MORTGAGE-BACKED SECURITIES Continued ... The Third Judge Speaks.
This continues an article begun here on Sunday, April 28, 2013. One Judge, Judge Straub, dissented in part and concurred in part. Judge Straub pointed out that previous ERISA case law had consistently followed an objective "prudent person" standard; "it... Continue reading
Posted Apr 30, 2013 at Insurance Claims and Bad Faith Law Blog
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INVESTMENTS IN MORTGAGE-BACKED SECURITIES CANNOT ALLEGEDLY VIOLATE FIDUCIARY DUTIES.
INVESTMENTS IN MORTGAGE-BACKED SECURITIES CANNOT ALLEGEDLY VIOLATE FIDUCIARY DUTIES, two Judges say. Two Judges on the Second Circuit Court of Appeals stressed the lack of "factual detail" in a group of pension funds' allegations that the defendant investment bank, Morgan... Continue reading
Posted Apr 28, 2013 at Insurance Claims and Bad Faith Law Blog
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SETTLEMENT WITHOUT PROPERLY INVESTIGATING: HOW MUCH INVESTIGATION IS ENOUGH?
There is a tension between properly investigating a claim against a Policyholder, on the one hand, and actively engaging in negotiations to settle that claim. Without taking "a reasonable amount of time to properly investigate a claim before engaging in... Continue reading
Posted Apr 23, 2013 at Insurance Claims and Bad Faith Law Blog
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TWO LAWYERS IN WISCONSIN: ONE TESTIFIED, THE OTHER DID NOT.
Two lawyers were identified as witnesses to testify in a Wisconsin Third-Party Bad Faith case. One of the two lawyers was identified as an Expert Witness by the Plaintiff Policyholder. He was not allowed to testify. The Court noted that... Continue reading
Posted Apr 21, 2013 at Insurance Claims and Bad Faith Law Blog
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FLORIDA BAD FAITH CLAIM: PREMATURITY, CIVIL REMEDY NOTICE CONDITIONS PRECEDENT.
Case law applying Florida's Bad Faith Statute, Section 624.155, imposes one condition precedent which flows from the Statute, but refuses to add another condition precedent that the Statute itself does not contain. These decisions are embodied in the recent case... Continue reading
Posted Apr 16, 2013 at Insurance Claims and Bad Faith Law Blog
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EVIDENCE OF GOOD FAITH WILL DETERMINE BREACH OF INSURANCE CONTRACT.
In Lumpuy v. Scottsdale Insurance Co., 2013 WL 1365765 (M.D. Fla. April 4, 2013), a Federal Judge considered a Defendant's Motion to Reconsider its Order Denying Defendant's Motion for Summary Judgment. The Federal Judge denied the motion for reconsideration. In... Continue reading
Posted Apr 14, 2013 at Insurance Claims and Bad Faith Law Blog
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MEDIATION STATEMENTS = EVIDENCE OF BAD FAITH?
It appears to be settled California law that there are no exceptions to the confidentiality of mediation communications or to the statutory restrictions placed on the content of Mediator Reports. However, in another case arising under California law, a U.S.... Continue reading
Posted Apr 11, 2013 at Insurance Claims and Bad Faith Law Blog
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MISCONDUCT INDUCING FHA INSURED MORTGAGES: LITIGATION ALLOWED DESPITE SETTLEMENT AGREEMENT.
The purpose of a Settlement Agreement almost always includes obtaining a Release of all claims based upon the same conduct, whether or not the claims were actually made. Sometimes, even when the party receiving the Release pays lawyers handsomely to... Continue reading
Posted Apr 9, 2013 at Insurance Claims and Bad Faith Law Blog
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FIRREA IS NOT A FURRY CREATURE FOR D&O INSURER DJA.
The Federal Deposit Insurance Corporation became the Court-appointed Receiver for Habersham Bancorp in Georgia. In that capacity, the FDIC sued certain Habersham Directors and Officers to get back over $4 Million in losses based on "allegedly improper dividends" approved by... Continue reading
Posted Apr 7, 2013 at Insurance Claims and Bad Faith Law Blog
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FEDERAL DEPOSIT INSURANCE COVERAGE EXPLORED FOR BANK OFFICERS AND EMPLOYEES.
There is information available for Bank Officers and Employees made available on the Federal Deposit Insurance Corporation website through telephone seminars. There is a telephone seminar coming up later this week about Federal Deposit Insurance Coverage for those who wish... Continue reading
Posted Apr 2, 2013 at Insurance Claims and Bad Faith Law Blog
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OPPORTUNITY TO BE HEARD ON FORCE PLACED INSURANCE.
The Federal Housing Finance Agency ("FHFA") has issued a Notice that it invites our Comments on restrictions it should consider placing on Lender Placed (Force Placed) Insurance under Mortgages involving Fannie Mae and Freddie Mac: Download LPIregister32613.pdf.FHFA Notice of Restrictions... Continue reading
Posted Mar 28, 2013 at Insurance Claims and Bad Faith Law Blog
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UPDATE on the Whole Financial Catastrophe, JPMorgan Also.
More on the Good Faith of JPMorgan. (This post updates the article by the same name, posted here on Tuesday, March 19, 2013.) It seems that for a brief moment, at least, the immense power of the United States Senate... Continue reading
Posted Mar 26, 2013 at Insurance Claims and Bad Faith Law Blog
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BREAKING LAW NEWS: Force-Placed Insurance vs. ....
.... Implied Covenant of Good Faith, Fair Dealing. This post updates the article which was posted in two parts, first here on Tuesday, March 5, 2013, "Force-Placed Insurance vs. Implied Covenant of Good Faith, Fair Dealing," and on Wednesday, March... Continue reading
Posted Mar 24, 2013 at Insurance Claims and Bad Faith Law Blog
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The Good Faith of JP Morgan.
"While we have repeatedly acknowledged significant mistakes, our senior management acted in good faith and never had any intent to mislead anyone." Unidentified JPMorgan spokesperson, quoted by Jessica Silver-Greenberg and Ben Protess, "Senate Inquiry Faults JPMorgan on Trading Loss /... Continue reading
Posted Mar 19, 2013 at Insurance Claims and Bad Faith Law Blog
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RETURNING CALLS: GOOD CLAIMS HANDLING AFTER CATASTROPHES, ANY LOSSES.
This is an update to articles concerning Claims Handling After Sandy, which were posted here on Sunday, March 3, 2013 and on Thursday, March 7, 2013. As previously reported, many Policyholders are unsatisfied with what they consider to be insufficient... Continue reading
Posted Mar 17, 2013 at Insurance Claims and Bad Faith Law Blog
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INSUREDS' REIMBURSEMENT OF INSURER'S DEFENSE COSTS: NOT IN WASHINGTON STATE.
The Supreme Court of Washington has recently addressed the issue of whether a Liability Carrier which defends under a Reservation of Rights, including a reservation of its right to recoup its defense expenses for noncovered claims which the Carrier defended,... Continue reading
Posted Mar 12, 2013 at Insurance Claims and Bad Faith Law Blog
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PART PAYMENT OF FLORIDA PROPERTY CLAIMS.
In Florida, the Unfair Claim Settlement Practices Act has been amended to apply to situations of “partial coverage”: (i) Unfair claim settlement practices.-- *** e. Failing to affirm or deny full or partial coverage of claims, and, as to partial... Continue reading
Posted Mar 10, 2013 at Insurance Claims and Bad Faith Law Blog
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Sandy and Bad Faith Claims: And So It Begins MORE.
This is an update added to the article posted here on Sunday, March 3, 2013. "A disaster just happened and they're making money off of us. That's just not right." Nicholas Dorman, New York City Firefighter with large Damage Claims... Continue reading
Posted Mar 7, 2013 at Insurance Claims and Bad Faith Law Blog
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WHAT'S "PRODUCTIVITY" GOT TO DO WITH IT?
With Apologies for fair use to Tina Turner. Newspapers have gone goofy, I think. Reporters write as though they are truly puzzled because they attribute increased profits to gains in "productivity," yet there are increasingly fewer jobs. It seems they... Continue reading
Posted Mar 5, 2013 at Insurance Claims and Bad Faith Law Blog
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Force-Placed Insurance vs. Implied Covenant of Good Faith, Fair Dealing
Forcing the placement of insurance may be allowed by mortgage contracts. The way in which the insurance is placed, however, has come under very close scrutiny recently. In an increasing number of cases, mortgagors are alleging claims associated with the... Continue reading
Posted Mar 5, 2013 at Insurance Claims and Bad Faith Law Blog
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BAD FAITH CLAIMS ISSUES AFTER SANDY: AND SO IT BEGINS.
Claims handling issues are surfacing after Sandy. In particular, the new claims handling issues raise Bad Faith issues involving Flood Insurance Policies and the National Flood Insurance Program. It is another measure of the storm's devastating effects that the areas... Continue reading
Posted Mar 3, 2013 at Insurance Claims and Bad Faith Law Blog
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