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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
This article picks up and carries forward the article posted here on Sunday, July 15, 2018. On the record of the Alvarez-Mejia appeal, where the plaintiff homeowner put on evidence in the trial court but the defendant did not, it... Continue reading
Posted yesterday at Claims and Bad Faith Law Blog
There is a recurring issue in the current handling of homeowner's and other property insurance claims. It comes up over and over again: Whether the insurance company's payment on a loss under its first-party policy can be taken by the... Continue reading
Posted 3 days ago at Claims and Bad Faith Law Blog
Some of the worst effects of catastrophes like the major hurricanes inflicting our country in recent years are man-made. The failure to deliver needed care to victims of these disasters is a policy of bad faith. It is a fact,... Continue reading
Posted 5 days ago at Claims and Bad Faith Law Blog
Our sister blog, Claims and Issues, formerly Insurance Claims and Issues, has moved! Claims and Issues blog's new address is a lot like its old address: claimsissues.typepad.com. Our address here at Insurance Claims and Bad Faith Law blog stays the... Continue reading
Posted Jul 3, 2018 at Claims and Bad Faith Law Blog
What was signed on June 20, 2018 has been called an Executive Order, but many people are saying that it does not look like one. On the other hand, it was clearly intended in some respects at least to be... Continue reading
Posted Jul 3, 2018 at Claims and Bad Faith Law Blog
All this folderol about a "Flores Settlement Agreement" has made me look it up, as I have said here earlier. After reading it, I wonder if the people in charge have either read it or otherwise have heard what's in... Continue reading
Posted Jun 28, 2018 at Claims and Bad Faith Law Blog
The Federal Government reports that while mothers and fathers are incarcerated at the U.S. southern border, it is putting their babies in "tender age shelters." Where are they? The Federal Government will not say. How can we find out what... Continue reading
Posted Jun 26, 2018 at Claims and Bad Faith Law Blog
The Federal Government's new immigration policy means indefinite detention for refugees and housing migrant families in unlicensed facilities. This means putting children in prisons made out of places that do not meet State standards for facilities housing children. To save... Continue reading
Posted Jun 24, 2018 at Claims and Bad Faith Law Blog
The present isn't even the present. Looked at objectively, perhaps, the present is only more of the same recent past. January, 2017: The U.S. is pulled out of the TPP or The Trans-Pacific Partnership agreement that it made. June, 2017:... Continue reading
Posted Jun 23, 2018 at Claims and Bad Faith Law Blog
The Federal Government has been litigating with Jenny Lisette Flores since 1985. I found this out when, due to recent developments, I heard that the Federal Government was asking a Federal Judge to overturn parts or all of something called... Continue reading
Posted Jun 22, 2018 at Claims and Bad Faith Law Blog
Some commentators are getting so excited about the prospect of the "New Jersey Insurance Fair Conduct Act" becoming law that they may have jumped the gun, just a bit. It is true that on June 7, 2018 the New Jersey... Continue reading
Posted Jun 19, 2018 at Claims and Bad Faith Law Blog
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How Trump Came to Enforce a Practice of Separating Migrant Families John Moore/Getty Images. By Julie Hirschfeld Davis and Michael D. Shear New York Times Online (posted Saturday, June 16, 2018). Is this how you want your children treated, Fathers?... Continue reading
Posted Jun 16, 2018 at Claims and Bad Faith Law Blog
A U.S. Magistrate Judge writes a seemingly complete "how to" guide to seeking, obtaining, and writing "preservation orders" in Toussie v. Allstate Ins. Co., No. 15 CV 5235 (ARR) (CLP), 2018 WL 2766140 (E.D.N.Y. June 8, 2018) (Pollak, USMJ). The... Continue reading
Posted Jun 12, 2018 at Claims and Bad Faith Law Blog
Good faith is everywhere. It is even embedded in the Duty of Fair Representation in the labor context. Cornell labor researcher Kate Bronfenbrenner is worth quoting as to the role of good faith in exchange for exclusive union representation: My... Continue reading
Posted Jun 5, 2018 at Claims and Bad Faith Law Blog
You can sit at the computer all day and search legal data bases until the cows come home as they say. At the end of the day, you will not find reported decisions in lawsuits that address the legal validity... Continue reading
Posted May 29, 2018 at Claims and Bad Faith Law Blog
This message was so good, we had to say it again! The American Law Institute's Restatement of Liability Insurance Law is up for approval at the ALI's Annual Meeting this year. I believe the vote will come up on Tuesday,... Continue reading
Posted May 22, 2018 at Claims and Bad Faith Law Blog
Author's Note: The original article republished here was encoded in a software program that just did not transfer well. Page numbers have been re-inserted by hand here, in a way that avoids breaking up paragraphs. 479 3. Con In my... Continue reading
Posted May 17, 2018 at Claims and Bad Faith Law Blog
475 Author's Note: Page numbers have been inserted by hand to correct software transfer to this article, and page numbers have been inserted to avoid breaking up paragraphs. II. INITIATE SETTLEMENT: Restatement Section 24 and the Decided Cases. The author... Continue reading
Posted May 15, 2018 at Claims and Bad Faith Law Blog
We must struggle to free ourselves of bias. This is not easy, particularly in scholarship. But without the struggle, there can be no progress. There has been an ongoing controversy over what a liability insurance company's exposure to "bad faith"... Continue reading
Posted May 13, 2018 at Claims and Bad Faith Law Blog
There are times when questions of bad faith go beyond insurance. This is such a time. Some people are supporting Ms. Gina Haspel's nomination to become the next Director of the Central Intelligence Agency with what used to be called... Continue reading
Posted May 8, 2018 at Claims and Bad Faith Law Blog
In Washington State, a motorist was injured in an accident. The injured motorist brought an action against the adjuster for the at-fault motorcyclist's automobile insurance company. The injured motorist sued for bad faith and for alleged violation of the Washington... Continue reading
Posted May 1, 2018 at Claims and Bad Faith Law Blog
The key to sealing was that the parties all agreed to conceal the evidence. The key to unsealing was that there was no opposition. In Tillman v. Ally Fin. Inc., No. 2:16-cv-313-FtM-99CM, 2018 WL 1449578 (M.D. Fla. January 8, 2018),... Continue reading
Posted Apr 26, 2018 at Claims and Bad Faith Law Blog
Filing redacted meaning blacked out 'evidence' because of a sealing order in another case is not enough to decide a duty to defend under New Jersey law. The party seeking to seal or conceal evidence must still comply with the... Continue reading
Posted Apr 17, 2018 at Claims and Bad Faith Law Blog
In West Bend Mutual Insurance Co. v. Zurich American Insurance Co.,[1] a primary carrier, West Bend, requested voluminous documentation from what the Court called the common insured's "secondary" carrier, Zurich. The primary carrier was the plaintiff in the lawsuit, which... Continue reading
Posted Apr 12, 2018 at Claims and Bad Faith Law Blog
More and more reports are rapidly being published that the U.S. will preventively strike Teheran without insisting on a provocation to launch a new war. Most reports seem to put North Korea, which already has nuclear weapons, in a distant... Continue reading
Posted Apr 10, 2018 at Claims and Bad Faith Law Blog