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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
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
As we have previously noted, every new default on a monthly installment presents a new cause of action for statute of limitations purposes. See U.S. Bank Nat'l Ass'n v. Bartram, 140 So.3d 1007, 1014 (Fla. 5th DCA 2014). The Florida... Continue reading
A disparate impact claim under the Housing Rights Act against an insurer withstands recent U.S. Supreme Court limitations and constrictions including the so-called "injury in fact" gloss on the U.S. Constitution in National Fair Housing Alliance v. Travelers Indem. Co.,... Continue reading
Hurricane Irma has interrupted service. I know that you will understand. Thank you. Please Read The Disclaimer. ©2017 by Dennis J. Wall. All Rights Reserved. Continue reading
It is important to remember that insurance companies did not want to insure against hurricane damage, especially damage from flooding. They got out of the market for flood insurance. The federal government stepped in to the vacuum in 1968 with... Continue reading
Texas HB 1774 has some renown after Hurricane Harvey. It was originally introduced in order to address frivolous litigation. During the unseen process of legislation that is the Texas Legislature, additions were made to the bill that have nothing to... Continue reading
"The insurance markets have stubbornly refused to fail." Larry Levitt, senior vice president at the Kaiser Family Foundation, quoted in Editorial, "Predictions of Obamacare's Demise Fail Again" (posted in the Boston Globe online on Sunday, August 27, 2017). The current... Continue reading
In National Fair Housing Alliance v. Travelers Indem. Co., ___ F. Supp. 3d ___, Case No. 16–928 (JDB), 2017 WL 3608232 (D.D.C. August 21, 2017), the court held that a disparate impact claim under the Housing Rights Act against an... Continue reading
A fired former employee "in Kansas Secretary of State Kris Kobach's office alleges in a lawsuit [that was] headed to trial on Aug. 21 that she was fired because she didn't go to church enough." Trial Over Bias Claim Against... Continue reading
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