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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
REPORTS OF THE DEATH OF CALIFORNIA EMISSIONS STANDARDS ARE PREMATURE.
Newspaper reporters write that the people currently in charge of the federal government are also in charge of California, at least when it comes to automobile pollution. Newspaper headlines blare that the current regime is going to "scrap" or "revoke"... Continue reading
Posted 3 days ago at Claims and Bad Faith Law Blog
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FACEBOOK, MEET THY CAMBRIDGE ANALYTICA MATCH. Part Two.
The first of two articles about the same case discussed below, was posted here on September 12, 2019. This is the second article on the subject of the invasion of privacy Multi-District Litigation against Facebook pending in the Northern District... Continue reading
Posted 5 days ago at Claims and Bad Faith Law Blog
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FACEBOOK, MEET THY CAMBRIDGE ANALYTICA MATCH. Part One.
Facebook has been sued for invasion of privacy. The plaintiffs' allegations "stem[] from the Cambridge Analytica scandal," and their alleged class action "is about Facebook's practice of sharing its users' personal information with third parties." In re: Facebook, Inc., Consumer... Continue reading
Posted Sep 12, 2019 at Claims and Bad Faith Law Blog
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STATE FILED RATE DOCTRINES BELONG TO THE STATES, NOT FEDS.
In Castillo v. Johnson, No. CV-17-04688-PHX-DRY, 2019 WL 4222289, at *1 (D. Ariz. September 5, 2019), a group that the federal judge called "the Bribery Defendants" were sued for racketeering, unjust enrichment, and "conspiring to unlawfully raise utility rates through... Continue reading
Posted Sep 10, 2019 at Claims and Bad Faith Law Blog
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"IT'S THE QUOTA, STUPID."
Some policies of U.S. Citizenship and Immigration Services (USCIS) may appear to be puzzling at first glance, until you suspect the common denominator hidden among them. These puzzling policies include denying automatic citizenship to the children of soldiers, sailors, marines... Continue reading
Posted Sep 5, 2019 at Claims and Bad Faith Law Blog
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Pre-Dorian Damage Report: FLORIDA "DISINTERESTED APPRAISER."
It has been held that in Florida a "disinterested appraiser" under an insurance contract using that term does not include either "the insureds' agent/public adjuster." See State Farm Fla. Ins. Co. v. Sanders, No. 3D19-927, 2019 WL 3309217, at *1... Continue reading
Posted Sep 3, 2019 at Claims and Bad Faith Law Blog
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CHALLENGING CFPB's PROPOSED NEW RULE 11.
The Consumer Financial Protection Bureau has proposed a new "Rule 11," in its proposed new rule at 12 CFR 100618(g). Supposedly the new rule is intended to affect debt collectors under the Fair Debt Collection Practices Act (FDCPA). CFPB's proposed... Continue reading
Posted Aug 30, 2019 at Claims and Bad Faith Law Blog
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MORE ON "COMPUTER MODELLING MAKES FOOLS OF US ALL."
For years I have been writing about the use of computer modelling to predict damages from hurricanes. No, not simply using computers to predict hurricanes, but using computers to predict and process damages claims from hurricanes without investigating and evaluating... Continue reading
Posted Aug 29, 2019 at Claims and Bad Faith Law Blog
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THE SHAME OF THE UNBALANCED BUDGET.
Trump Administration Will Divert Disaster Relief Funds to U.S.-Mexico Border Enforcement, Prompting Outcry From Democrats, WASHINGTON POST online Tuesday, August 27, 2019. This is what comes of not putting limitations on your budget vote. Please Read The Disclaimer. ©2019 Dennis... Continue reading
Posted Aug 29, 2019 at Claims and Bad Faith Law Blog
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TWO FOR THE INSURANCE COVERAGE BOOKS OF BUSINESS.
Two recently published articles will appeal to everyone concerned with insurance policy interpretation and to insurance coverage lawyers in particular. One article addresses general principles that apply to all insurance coverage cases. The other addresses a specialized niche. Both are... Continue reading
Posted Aug 22, 2019 at Claims and Bad Faith Law Blog
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PRIVATELY FUNDED PROTECTIVE ORDERS ARE THE LAW OF THE CASE.
The following language is typical. The following case is typical. That is not to say that either one is good or bad. It is to say that it is typical, meaning only that it is the way things are done... Continue reading
Posted Aug 20, 2019 at Claims and Bad Faith Law Blog
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BAD FAITH BEGINS WHEN THE NOTICE IS ELECTRONICALLY FILED.
A panel of Florida's Second District Court of Appeal, an intermediate appellate court, recently resolved the question: When does the statutory cure period of 60 days begin under Florida's so-called "Bad Faith Statute," Fla. Stat. § 624.155? The statutory cure... Continue reading
Posted Aug 15, 2019 at Claims and Bad Faith Law Blog
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A PLEASANT SURPRISE FROM S.D. FLA.
A U.S. Magistrate Judge's opinion in a case in the Southern District of Florida is as worthwhile quoting as it is surprising. As one of many reasons, the Magistrate Judge ordered discovery of a settlement agreement entered into between the... Continue reading
Posted Aug 13, 2019 at Claims and Bad Faith Law Blog
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COVERAGE FOR EL PASO AND DAYTON CARNAGE.
There may be coverage for the terrorism-produced carnage in El Paso and Dayton under a recent ruling in a bad faith and coverage case by a federal appeals court. In Universal Cable Prod's, LLC v. Atlantic Spec. Ins. Co., 929... Continue reading
Posted Aug 8, 2019 at Claims and Bad Faith Law Blog
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HELL IN A HELOC.
Dolores Zirbser and Bruce Jon Spalla made a loan agreement for a home equity line of credit ("HELOC"). The loan originated with Wachovia Bank. Wachovia sold the loan to Wells Fargo. Zirbser and Spalla sued Wells Fargo in December 2018... Continue reading
Posted Aug 6, 2019 at Claims and Bad Faith Law Blog
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INSURANCE BAD FAITH LAW APPLIED TO WORKER’S COMPENSATION CLAIM.
In Ball v. Federal Ins. Co., 4:18-CV-04008-KES, 2019 WL 3393166 (D.S.D. July 26, 2019), the federal court applied a merger of insurance bad faith law with the handling of a worker’s compensation claim: The first element of a bad faith... Continue reading
Posted Jul 30, 2019 at Claims and Bad Faith Law Blog
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HOW WE GOT TO SEE THE OPIOID DATABASE, Continued.
Part two of two. It was a near thing. We got to see the opioid database because two judges voted for us to see it. They also voted for us to see the documents related to it. In a 2-to-1... Continue reading
Posted Jul 25, 2019 at Claims and Bad Faith Law Blog
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HOW WE GOT TO SEE THE HIDDEN OPIOID DATABASE.
Part one of two. The people of the United States have only recently been allowed to see a database maintained with their money by the federal Drug Enforcement Administration. It is a database at the heart of the opioid epidemic... Continue reading
Posted Jul 23, 2019 at Claims and Bad Faith Law Blog
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BAD FAITH CLAIMS DEPENDED ON EVIDENCE. ANYTHING LESS DIDN’T COUNT.
There are two types of insurer bad faith claims under Ohio law, the federal judge ruled in a case involving coverage and bad faith claims under an insurance policy for losses from fire. The case is Jordan v. Liberty Mut.... Continue reading
Posted Jul 18, 2019 at Claims and Bad Faith Law Blog
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HAMAS IS NOT AT WAR FOR INSURANCE, NINTH CIRCUIT SAYS.
“In late June and through July of 2014, Hamas fired rockets from Gaza into Israel. Because of these hostilities, the plaintiffs, Universal Cable Productions, LLC, and Northern Entertainment Productions, LLC (collectively “Universal”), moved the production of their television series Dig... Continue reading
Posted Jul 16, 2019 at Claims and Bad Faith Law Blog
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"MOST INELIGIBLES LIVE IN SMALL HOUSEHOLDS THAT COULD NOT EASILY SEPARATE."
HUD said that in 2019. Tomorrow at the close of day, Tuesday, July 9, 2019, the Comment period will end for HUD to accept Comments to the proposed Mixed Status Families rules changes. The changes, proposed by Mr. Stephen Miller,... Continue reading
Posted Jul 8, 2019 at Claims and Bad Faith Law Blog
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KATE BAILEY, YOU JUST LEARNED A HARSH LESSON: CLIENT CONTROL.
In hindsight, you should have seen it coming. They left it to Kate Bailey, Trial Attorney in the Civil Division of the current justice department, to represent to the Court in Washington, D.C. that the current federal government had backed... Continue reading
Posted Jul 5, 2019 at Claims and Bad Faith Law Blog
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SO THIS IS HOW YOU CELEBRATE THE FOURTH OF JULY.
Posted Jul 4, 2019 at Claims and Bad Faith Law Blog
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DESPITE STIPULATED PROTECTIVE ORDER, SEAL SUBJECT TO GOOD CAUSE SHOWING.
In Karrani v. JetBlue Airways Corp., No. C18-1510 RSM, 2019 WL 2724046 (W.D. Wash. June 28, 2019), the Court applied the Federal Rules of Civil Procedure and the Local Rules of Court to a motion to seal evidence. The motion... Continue reading
Posted Jul 2, 2019 at Claims and Bad Faith Law Blog
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COMMENTS ON OVERDRAFT RULE ARE DUE BY JULY 1.
I left the following Comments on the overdraft rule earlier today. Comments are due by July 1. The overdraft rule is being examined by the Consumer Financial Protection Bureau because the CFPB is required to review the rule by the... Continue reading
Posted Jun 27, 2019 at Claims and Bad Faith Law Blog
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