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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
THE CASE OF THE STOLEN GIFT CARD INFORMATION.
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(Photo by the author) The case of Maritz Holdings Inc. v. Certain Underwriters at Lloyd's London, No. 4:18-CV-00825 SEP, 2020 WL 7023952 (E.D. Mo. Nov. 30, 2020), came about in this way. Maritz allegedly experienced cyber-security breaches. At this time... Continue reading
Posted 6 hours ago at Claims and Bad Faith Law Blog
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EXPERT TESTIMONY TO ROUND OUT THE MONTH:...
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EXPERT TESTIMONY TO ROUND OUT THE MONTH: NEUROSURGEON & BAD FAITH. (Photo courtesy of NASA) In Jarman v. American Family Ins. Co., No. CV-18-00526-PHX-SMB, 2020 WL 7013957 (D. Ariz. July 10, 2020), the Court held that a neurosurgeon could still... Continue reading
Posted yesterday at Claims and Bad Faith Law Blog
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HAPPY THANKSGIVING, BUT POLICY'S PRIMARY BENEFICIARY RECEIVES LIFE INSURANCE PROCEEDS.
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(Desiree Rios / New York Times) TODAY IS THANKSGIVING DAY. REMEMBER THE NEEDIEST! In D.S.S. v. Prudential Ins. Co. of Am. & Time Warner Cable, No. 3:20-CV-248-CRS, 2020 WL 6877738 (W.D. Ky. Nov. 23, 2020), a federal court turned the... Continue reading
Posted 5 days ago at Claims and Bad Faith Law Blog
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CHALLENGING THE FILED RATE: THE ADMINISTRATIVE REMEDIAL APPROACH.
When a filed rate is challenged in a proceeding made available by statute to challenge the rate, it is possible to allege and even to prevail on a complaint that the filed rate is excessive and should not be charged.... Continue reading
Posted 7 days ago at Claims and Bad Faith Law Blog
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SECRET SETTLEMENT TALKS IN FACE OF KENTUCKY BAD FAITH ALLEGATIONS.
In Rebennack v. Westchester Fire Ins. Co., ___ S.W.3d ___, Nos. 2018-CA-1494-MR & 2019-CA-0078-MR, 2020 WL 6811652, at *1-*2 (Ky. Ct. App. Nov. 20, 2020) (stated NOT FINAL), Kentucky's Court of Appeals kept any mention of settlement talks in the... Continue reading
Posted Nov 23, 2020 at Claims and Bad Faith Law Blog
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"GOOD FAITH BELIEF" IN A STIPULATED PROTECTIVE ORDER: WHOSE BELIEF?
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Stipulated protective orders pretty universally require a "good faith belief" that the materials being marked "Confidential" are, in fact, worthy of being marked Confidential. But whose good faith belief are we talking about? (Photo by Peter Dejong/AP) In some cases,... Continue reading
Posted Nov 19, 2020 at Claims and Bad Faith Law Blog
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WHEN A COVERAGE DEFENSE 'RESIDENCE' IS FAIRLY DEBATABLE.
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The short answer is: when it is a complicated endeavor. (Image courtesy of NASA) In Bloxham v. Allstate Ins. Co., No. 3:19-CV-004812020, WL 6710427 (M.D. Pa. Nov. 16, 2020) (Mehalchick, USMJ), a homeowner's insurance carrier denied coverage for a fire... Continue reading
Posted Nov 18, 2020 at Claims and Bad Faith Law Blog
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Business Interruption (BI) and COVID-19.
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Like the people of the United States, not every virus exclusion looks alike. (Image courtesy New York Public Library Digital Collections) Read your clients' policies before you decide whether and how to argue for or against insurance coverage for the... Continue reading
Posted Nov 12, 2020 at Claims and Bad Faith Law Blog
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COMMENTS ON FEDERAL INFORMATION COLLECTION NOTICE DUE TOMORROW.
The organization that is still in control of the federal government proposes to collect information on "Federal and Non-Federal Financial Assistance Instruments" through the Forest Service. The deadline for Comments on this proposal is tomorrow, Friday, November 13, 2020. Now... Continue reading
Posted Nov 12, 2020 at Claims and Bad Faith Law Blog
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MICHIGAN PENALTY INTEREST BEGINS WITH "SATISFACTORY PROOF OF LOSS."
Michigan provides for statutory "penalty interest" on delayed payment of claims. However, the Michigan penalty-interest statute requires "satisfactory proof of loss," or penalty interest is not available. "This case cannot be resolved on summary judgment. Resolution of the case depends... Continue reading
Posted Nov 12, 2020 at Claims and Bad Faith Law Blog
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VOLUNTARY PAYMENT NO DEFENSE TO EXCESS CARRIER'S BAD-FAITH CLAIM.
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(Image by Thomson Reuters West) In Metropolitan Prop. & Cas. Ins. Co. v. GEICO Gen. Ins. Co., 186 A.D.3d 1513, 130 N.Y.S.3d 847 (N.Y. App. Div., 2d Dep't, N.Y. 2020), it was held that "voluntary payment" was not a defense... Continue reading
Posted Nov 11, 2020 at Claims and Bad Faith Law Blog
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"REASONABLY DEBATABLE" COVERAGE QUESTION DECIDED IN FAVOR OF GOOD FAITH.
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(Gridview_imagefull / Florida Department of Agriculture and Consumer Services) Chicago Title issued a title insurance policy to the appellants in the case of Jericho State Capital Corp. of Fla. v. Chicago Title Ins. Co., ___ S.C. ___, 848 S.E.2d 572... Continue reading
Posted Nov 10, 2020 at Claims and Bad Faith Law Blog
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POSTSCRIPT TO JURISDICTION.
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(Sun Sentinel photograph) In a postscript to yesterday's article on Jurisdiction, we now have further reports that clarify some of the earlier confusing reporting. Apparently three lawsuits have been filed by the losing candidate's campaign so far, as previously reported.... Continue reading
Posted Nov 6, 2020 at Claims and Bad Faith Law Blog
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ARE PLAINTIFFS IN ELECTION CASES DEMANDING FEDERAL ACTIVISM, PREEMPTIVE JURISDICTION?
This article arises from the same common nucleus of operative facts, so to speak, out of which an earlier article published today also arises. Recently filed elections cases have also caused me to wonder about Federal jurisdiction. Are the plaintiffs... Continue reading
Posted Nov 5, 2020 at Claims and Bad Faith Law Blog
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"BAD FAITH" ATTORNEY'S FEES EXPOSURE: LITIGIOUS PLAINTIFFS IN ELECTION CASES?
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(Photograph Brennan Linsley / Associated Press) Recently filed litigation has caused me to wonder about "bad faith" attorney's fees liability. First, let me describe the lawsuits that have caused the wondering. In Texas, the same person or group of people... Continue reading
Posted Nov 5, 2020 at Claims and Bad Faith Law Blog
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THANK YOU FOR VOTING!
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Many people never got the chance we have to vote. But without them, our votes would not be possible. We remember them and honor them every time we vote. Thank you for being a voter. Photo courtesy of Common Ground.... Continue reading
Posted Nov 3, 2020 at Claims and Bad Faith Law Blog
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THANK YOU FOR BEING A VOTER TOMORROW.
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(Orlando 2020. Photo ©Dennis J. Wall. All rights reserved.) Tomorrow we get to exercise what many people have lived and died to protect for years in this country: Our votes! Thank you for being a voter. Please read the disclaimer.... Continue reading
Posted Nov 2, 2020 at Claims and Bad Faith Law Blog
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MORE RESOURCES, MORE VOLUNTEER OPPORTUNITIES FOR PROTECTING THE VOTE!
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And now a message from the Common Ground Project in Florida: More resources, more volunteer opportunities for protecting the vote! (Common Ground Project) Defend Democracy: Poll monitors needed! Can we count on you? The Common Ground Project is looking for... Continue reading
Posted Oct 30, 2020 at Claims and Bad Faith Law Blog
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Tenants in Florida Disasters: How Do They Get Through?
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(Image courtesy of NASA) How Disasters Affect Residential Tenants and Mobile Home Tenants in Florida. View this informative and useful Powerpoint presentation by Tom DiFiore, Housing Unit Leader at Bay Area Legal Services who is justifiably recognized as an expert... Continue reading
Posted Oct 29, 2020 at Claims and Bad Faith Law Blog
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TRUST THE VOTE.
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And now, a message from Election Protection. Trust the Vote. We care about the integrity of our elections and love when election officials quickly fix errors. Some politicians use these errors to make us feel that our votes won’t count.... Continue reading
Posted Oct 29, 2020 at Claims and Bad Faith Law Blog
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AMERICAN BAR ASSOCIATION ANNOUNCES FINANCIAL INCENTIVE FOR LAWYERS ASSISTING VOTERS.
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(American Bar Association) In an email received this morning, the American Bar Association announced it is offering a financial incentive to lawyers who assist voters at this time. Here is the ABA's announcement: Volunteering at the polls is an important... Continue reading
Posted Oct 29, 2020 at Claims and Bad Faith Law Blog
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DON'T BE AFRAID, VOTE!
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(Photo by Ilene Vegazo. Used with permission of the artist.) MEMO TO LAWYERS: As a lawyer, your clients look to you as a leader. When they ask you about voting, your clients are interested in how they can vote. Be... Continue reading
Posted Oct 29, 2020 at Claims and Bad Faith Law Blog
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LENDER FORCE-PLACED INSURANCE PRACTICES IN 2016 ACTIONABLE UNDER RESPA.
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(Image ©Donna M. Bruno and Dennis J. Wall) Wilson Richard sued his mortgage lender, Finance of America Mortgage LLC (FOA), which later became his mortgage servicer and allegedly let Richard's homeowner's insurance lapse, substituting "a lender force-placed insurance policy on... Continue reading
Posted Oct 28, 2020 at Claims and Bad Faith Law Blog
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RESOURCES TO PROTECT THE VOTE THIS YEAR.
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(Brynn Anderson / Associated Press) Want to help protect the vote this year, but unsure of where to go or what to do? Here is a list of contacts for places and sources that can help answer your questions. ELECTION... Continue reading
Posted Oct 28, 2020 at Claims and Bad Faith Law Blog
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Voting in a Pandemic of Misinformation, i.e., Lies.
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A WORD ABOUT VOTING DISINFORMATION FROM ELECTION PROTECTION: If you see disinformation about voting in an online post or ad, do your part to stop the spread. Don’t engage, react or comment — that only means more people will see... Continue reading
Posted Oct 28, 2020 at Claims and Bad Faith Law Blog
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