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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 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 4 days ago 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
In an opinion written by the Hon. Edith Jones, a panel of the federal Fifth Circuit declared that it is against the law to hold insurance agents to be "fiduciaries." That is just too far to go interpreting the Employee... Continue reading
Posted Apr 5, 2018 at Claims and Bad Faith Law Blog
There are many reports recently that immigrants are being targeted in California, not so much in other places at the moment, because California is on the outs with the current regime. If those empowered to enforce laws pick which places... Continue reading
Posted Apr 3, 2018 at Claims and Bad Faith Law Blog
It's a jury question in this case. In Vardanyan v. Amco Ins. Co., 243 Cal. App. 4th 779, 796, 197 Cal. Rptr. 3d 195, 208-09 (Cal. 5th DCA 2015), review denied (unreported), (Cal. March 9, 2016), the policy involved was... Continue reading
Posted Mar 29, 2018 at Claims and Bad Faith Law Blog
We will keep the actors in the following scenes anonymous. We will not only keep personalities out of this. We will not distract our thinking with personalities. Assume that when Special Counsel Robert Mueller is fired, that the person or... Continue reading
Posted Mar 27, 2018 at Claims and Bad Faith Law Blog
In a 1-1-1 decision in Landers v. State Farm Fla. Ins. Co., 234 So.3d 856 (Fla. 5th DCA 2018), three of Florida's appellate judges on the Fifth District Court of Appeal each separately addressed a single question: Whether an insured... Continue reading
Posted Mar 22, 2018 at Claims and Bad Faith Law Blog
In an insurance case, a Delaware judge reportedly ruled on March 1, 2018 that Delaware law should apply to an insurance case. The Delaware judge in the insurance case reportedly ruled that "'[a]lthough it may strain public policy to allow... Continue reading
Posted Mar 13, 2018 at Claims and Bad Faith Law Blog
In Homer v. Nationwide Mut. Ins. Co., ___ Fed. App'x ___, No. 16-3686, 2018 WL 1081230 (3d Cir. February 27, 2018), the Third Circuit Court of Appeals refused to recognize an insurance carrier's alleged litigation conduct consisting of retaining and... Continue reading
Posted Mar 6, 2018 at Claims and Bad Faith Law Blog
I learned at a League of Women Voters event on Monday night that the muzzle velocity of an Assault Rifle (the speed at which a bullet leaves the weapon) is 3 times greater than a handgun, and that the striking... Continue reading
Posted Feb 27, 2018 at Claims and Bad Faith Law Blog
In a recent article, I have addressed a pair of issues (among others) that deserve to be repeated here. I have made the article available on my website at www.dennisjwall.com: "Social Security Old-Age Insurance: Is There a Constitutional Right?" 39... Continue reading
Posted Feb 20, 2018 at Claims and Bad Faith Law Blog
In Spine Care Delaware, LLC v. State Farm Mut. Auto. Ins. Co., No. 17-1816, 2018 WL 810112 (D. Del. February 9, 2018), the United States District Court for Delaware applied Delaware law, naturally enough, to a provider's unpaid Personal Injury... Continue reading
Posted Feb 13, 2018 at Claims and Bad Faith Law Blog
GEICO prevailed in a first-party bad faith case in Florida. Then came GEICO's request for costs as the prevailing party. Prevail? Not so much when it came to costs, it seems. GEICO asked for its insured to pay two kinds... Continue reading
Posted Feb 6, 2018 at Claims and Bad Faith Law Blog
In Evergreen Lakes HOA, Inc. v. Lloyd's Underwriters at London, 230 So. 3d 1, No. 4D16–2657, 2017 WL 4679597 (Fla. 4th DCA October 18, 2017), the plaintiff homeowner's association incurred hurricane damages and sued for breach of the insurance contract.... Continue reading
Posted Jan 30, 2018 at Claims and Bad Faith Law Blog
In a big, multi-district case where there are no binding rules, an MDL court actually flipped the presumption of public access to judicial proceedings, and put the burden of proving that things should not be blacked out on the parties... Continue reading
Posted Jan 23, 2018 at Claims and Bad Faith Law Blog
In Apex Mort. Corp. v. Great N. Ins. Co., No. 17 C 3376, 2018 WL 341661 (N.D. Ill. January 9, 2018) (Weisman, USMJ), a U.S. Magistrate Judge was confronted with numerous discovery requests in a bad faith case. As anyone... Continue reading
Posted Jan 18, 2018 at Claims and Bad Faith Law Blog
In Gennock v. Budal, No. 17-454, 2017 WL 6883933 (W.D. Pa. November 29, 2017) (Mitchell, USMJ), recommendation adopted by U.S. District Judge, No. 2:17cv454, 2018 WL 350553 (W.D. Pa. entered January 4, 2018, filed January 9, 2018) (Cercone, USDJ), the... Continue reading
Posted Jan 16, 2018 at Claims and Bad Faith Law Blog