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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
CONSUMER PROTECTION CLAIMS OVER AARP'S MARKETING OF MEDIGAP INSURANCE POLICIES: ....
THE FILED RATE DOCTRINE IS NO BAR, EVEN ASSUMING THAT IT APPLIES TO INSURANCE CASES. A 2-to-1 decision last year by a panel of the Eleventh Circuit Court of Appeals, Patel v. Specialized Loan Servicing, LLC, 904 F.3d 1314 (11th... Continue reading
Posted 2 days ago at Claims and Bad Faith Law Blog
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EQUITABLE CONTRIBUTION BETWEEN INSURERS IN FLORIDA: DEFENSE? "NO," INDEMNITY? "YES."
Or at least one Federal Judge just said so in Lawrence v. ACE Am. Ins. Co., No. 8:18-cv-738-T-24, 2018 WL 6192190, at *8-*9 (M.D. Fla. November 28, 2018): ACE moves to dismiss this claim, arguing that Florida does not recognize... Continue reading
Posted 4 days ago at Claims and Bad Faith Law Blog
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PAYDAY LOAN RULE PROPOSED DELAY.
HAPPY ST. PATRICK'S DAY! On Saturday, March 16, 2019 I left these Comments on the CFPB's proposed new rule which would stay the 2017 Payday Loan Final Rule from taking effect. The last day to leave YOUR Comments on this... Continue reading
Posted 6 days ago at Claims and Bad Faith Law Blog
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DUTY TO DEFEND ARBITRATION? YES, IN THIS CASE.
In Gemini Ins. Co. v. Constrx Ltd., NO. 14-00355 DKW-RLP, 2018 WL 7508264 (D. Haw. September 24, 2018), the Court determined that a commercial general liability carrier owed a duty under its liability insurance policy to defend its policyholder in... Continue reading
Posted Mar 14, 2019 at Claims and Bad Faith Law Blog
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HERE THERE'S POTENTIAL LIABILITY, SO HERE THERE'S DEFINITELY LIABILITY COVERAGE.
In Metropolitan Prop. & Cas. Ins. Co. v. Auto-Owners Mut. Ins. Co., ___ N.W.2d ___, No. 18-0129, 2019 WL 1086599 (Iowa March 8, 2019), two liability insurance carriers covered two at-least-nominally separate insureds. One carrier issued what was described by... Continue reading
Posted Mar 12, 2019 at Claims and Bad Faith Law Blog
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BAD FAITH IN THE NEW YORK ORGANIZATION?
Because Aon did business with Donald J. Trump and the Trump Organization, it was served with a 9-page subpoena on March 4, 2019. The return date on the subpoena is March 19. The subpoena was served by the New York... Continue reading
Posted Mar 12, 2019 at Claims and Bad Faith Law Blog
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ET TU MALA FIDES, WILBUR?
Two Federal Judges in two different Federal Courts, one in California and the other in New York, have held trials about Secretary of Commerce Wilbur Ross's attempts to add a citizenship question to the 2020 Census and thereafter to conceal... Continue reading
Posted Mar 7, 2019 at Claims and Bad Faith Law Blog
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STIPULATED PROTECTIVE ORDERS ARE OFTEN PILLS TOO BIG TO TAKE.
Unspecified claims against Bayer and other defendants, presumably other pharmaceutical companies, were filed in the United States District Court for the Northern District of California. From there, the claims were put into Multi-District Litigation and assigned to the Southern District... Continue reading
Posted Mar 7, 2019 at Claims and Bad Faith Law Blog
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BY ANY NAME, "SUBJECTIVE BAD FAITH" WOULD SMELL THE SAME.
In Lanard Toys Ltd. v. Dolgencorp LLC, NO. 3:15-CV-849-J-34PDB, 2019 WL 1003134 (M.D. Fla. March 1, 2019) (Barksdale, USMJ), the Court denied a defendant's request either for dismissal of the case with prejudice or alternatively for sanctions. The defendant's motion... Continue reading
Posted Mar 5, 2019 at Claims and Bad Faith Law Blog
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FILED RATE BARS CLAIMS, UNTIL IT DOESN'T.
A purchaser of electricity foolishly entered into a contract whereby the supplier of electricity could charge an initial rate lower than its filed rates, i.e., lower than the rates filed with the relevant regulatory authority that approved a filed rate.... Continue reading
Posted Feb 28, 2019 at Claims and Bad Faith Law Blog
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IDENTIFYING TRADE SECRETS AT OUTSET, MEANT SUCCESSFULLY PROTECTING REAMS LATER.
In Bombardier Inc. v. Mitsubishi Aircraft Corp., NO. C18-1543JLR, 2019 WL 858777, at *5 (W.D. Wash. February 22, 2019), Bombardier wanted the Court to protect certain categories of documents from disclosure. Bombardier started by identifying its trade secrets, thereafter asking... Continue reading
Posted Feb 26, 2019 at Claims and Bad Faith Law Blog
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POLICY AND THE FACTS TAKE AWAY "ANTI-CONCURRENT CAUSE" EXCLUSION.
In Citizens Prop. Ins. Corp. v. Salkey, 260 So.3d 371 (Fla. 2d DCA 2018) [PAGE NUMBERS NOT PROVIDED BY WESTLAW AT THE TIME THAT THIS ARTICLE IS POSTED HERE], a homeowners insurance policy imposed an "anti-concurrent cause" exclusion, and then... Continue reading
Posted Feb 19, 2019 at Claims and Bad Faith Law Blog
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GENERICS FORCIBLY REPLACING BRAND PRESCRIPTIONS, LIKE IT OR NOT.
Another agency of the current Federal Government is taking actions to dismantle consumer protections with a new Administrative State. This time it is the Centers for Medicare and Medicaid Services (CMS), located in the Department of Health and Human Services... Continue reading
Posted Feb 18, 2019 at Claims and Bad Faith Law Blog
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INSURANCE BAD FAITH STATUTES:
ARE UNFAIR AND DECEPTIVE ACTS AND PRACTICES ENOUGH ANY MORE? Did you ever wonder what will become of Insurance Bad Faith Statutes if people asserting claims under those statutes would be required to plead and prove "actual injury" because of... Continue reading
Posted Feb 14, 2019 at Claims and Bad Faith Law Blog
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COVERAGE LAWSUIT AFTER LIMITATIONS PERIOD, AND NO PROMPT NOTICE EITHER ...
... add up to summary judgment for a homeowner's carrier. But actually either of the policyholder's violations of the insurance contract would have sufficed in this Connecticut case. In Discuillo v. Allstate Ins. Co., NO. 3:17-CV-234 (KAD), 2019 WL 499255... Continue reading
Posted Feb 12, 2019 at Claims and Bad Faith Law Blog
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THE LATEST AMENDED STIPULATED PROTECTIVE ORDER IN MICROSOFT'S (LATEST) CASE.
In the latest case against Microsoft, a United States Magistrate Judge signed the parties' First Amended Stipulated Protective Order obviously written for concealment. The case is Uniloc 2017 LLC v. Microsoft Corp., NO. 8:18-CV-02053-AG (JDEx), 2019 WL 451345 (C.D. Cal.... Continue reading
Posted Feb 7, 2019 at Claims and Bad Faith Law Blog
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WIND 2019: THE 20th ANNUAL CONFERENCE ENRICHES THE DISCUSSION.
Posted Feb 5, 2019 at Claims and Bad Faith Law Blog
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WIND 2019: THE 20th ANNUAL CONFERENCE CONTINUES THE CONVERSATION.
Posted Feb 3, 2019 at Claims and Bad Faith Law Blog
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LAST IN THE SERIES: "USE RESTRICTION" AND SUMMARIZING THE SERIES.
This is the last of our continuing series of articles taking a look at the presumption of public access to Court files. In recent articles we have been looking at the examples of secrecy on display, as it were, in... Continue reading
Posted Feb 1, 2019 at Claims and Bad Faith Law Blog
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THE VW MDL: ANOTHER STIPULATED PROTECTIVE ORDER.
This is the second of three articles that will end our continuing series taking a look at the recent Multi-District Litigation lawsuits (MDLs) involving General Motors and Volkswagen. In this installment and in the next article, which will be the... Continue reading
Posted Jan 31, 2019 at Claims and Bad Faith Law Blog
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THE VOLKSWAGEN "DEFEAT DEVICES" ENORMOUS MDL CLAIMS.
This is the beginning of a triolgy of articles that will end our continuing series taking a look at the recent Multi-District Litigation lawsuits (MDLs) involving General Motors and Volkswagen. In this installment and in the next two articles after... Continue reading
Posted Jan 29, 2019 at Claims and Bad Faith Law Blog
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NEW COMMENTS DEADLINE ON SEX DISCRIMINATION IN EDUCATION! PLUS SUMMARY.
The Federal Government just extended its deadline for comments on its proposed Sex Harassment in Education regulations until January 30, 2019! Take this as a good sign and leave your comments now at www.regulations.gov. If the people speak, then even... Continue reading
Posted Jan 28, 2019 at Claims and Bad Faith Law Blog
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SEX HARASSMENT TRIALS IN EDUCATION ... WHY NOT IN FEDERAL COURTS?
The following article is a combination of comments I left on www.regulations.gov earlier today. Leave your own comments too! The Docket ID is on this article, immediately below, and GOOD NEWS! The Federal Government has just extended the deadline for... Continue reading
Posted Jan 28, 2019 at Claims and Bad Faith Law Blog
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PUTTING "RELIGIOUS OBJECTIONS" TO SEXUAL HARASSMENT OUT IN THE OPEN.
I left the following comments on www.regulations.gov earlier today concerning the proposal of the Department of Education to enable sexual harassment in education without fear of the Department asking for damages to enforce the law. You can leave your own... Continue reading
Posted Jan 27, 2019 at Claims and Bad Faith Law Blog
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SEXUAL HARASSMENT SHOULD CARRY A HEAVY PRICE, IF PERMITTED. PERIOD.
I left the following comment on www.regulations.gov earlier today concerning the proposal of the Department of Education to enable sexual harassment in education without fear of the Department asking for damages to enforce the law. You can leave your own... Continue reading
Posted Jan 27, 2019 at Claims and Bad Faith Law Blog
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