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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, [email protected]. 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 Mix of Private Equity's Care for Profits, and Health Care's Concern for Patients.
Private equity and health care are a poor mix. Their goals are almost mutually exclusive: Profit Care vs. Patient Care. In the words of the authors of a recently published article in the Stanford Law Review, "Private equity's incursion into... Continue reading
Posted 5 days ago at Claims and Bad Faith Law Blog
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Is Justice Juan Merchan the Modern "Man of La Mancha"?
Posted Jan 9, 2025 at Claims and Bad Faith Law Blog
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Judges and lawyers are human beings.
Posted Jan 8, 2025 at Claims and Bad Faith Law Blog
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DON’T MESS WITH MAKING MONEY IN NORTHERN DISTRICT OF TEXAS.
The Securities Exchange Act of 1934 (“Exchange Act”) requires “dealers” to register with the Securities and Exchange Commission, the purpose of registration being regulation of their conduct. The Exchange Act defines a “dealer” as a person who is engaged in... Continue reading
Posted Jan 7, 2025 at Claims and Bad Faith Law Blog
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Merry Christmas and Happy Holidays in 2024, and Happy New Year in 2025!
Posted Dec 23, 2024 at Claims and Bad Faith Law Blog
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Christmas, Hanukkah, and Kwanzaa: All Say Hope in the Long Term.
Posted Dec 22, 2024 at Claims and Bad Faith Law Blog
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ACTIONABLE MATERIAL MISREPRESENTATIONS UNDER THE FLORIDA BAD FAITH STATUTE.
Florida’s Good Faith Claims Handling Statute prohibits an insurance company from making a material misrepresentation of coverage available under its policy in order to effectuate settlement on less favorable terms than the coverage afforded under the policy at issue. See... Continue reading
Posted Dec 15, 2024 at Claims and Bad Faith Law Blog
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CLAIMS FOR REIMBURSEMENT OF COVERED DEFENSE EXPENSES HELD “FIRST-PARTY.”
In U.S. Sugar Corp. v. Commerce & Indus. Ins. Co., No. 22-21737-Civ-Scola, 2024 WL 5040843 (S.D. Fla. Dec. 9, 2024), United States Sugar Corporation, a policyholder of Commerce and Industry Insurance Co., sued Commerce under various claims for insurer bad... Continue reading
Posted Dec 11, 2024 at Claims and Bad Faith Law Blog
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THE FEDERAL TRADE COMMISSION INNOVATES THE WAY TO PUBLIC ACCESS.
Including, in this case, public access to evidence discovered during insurance bad faith litigation. In Wright v. State Farm Fire & Cas. Co., No. 2:23-cv-179, 2024 WL 4979849 (W.D. Wash. Dec. 4, 2024), the policyholders filed two motions to seal.... Continue reading
Posted Dec 9, 2024 at Claims and Bad Faith Law Blog
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A TRUE STORY OF LOAN INSURANCE, MORTGAGE MACHINATIONS, AND APPRAISAL.
In Lynx Whole Loan Acquisition LLC v. Nationstar Mort., LLC, C.A. No. 2022-1203-LWW, 2024 WL 4943414 (Del. Ch. Dec. 3, 2024), a Vice Chancellor of the Court of Chancery of Delaware takes readers on an enlightening tour of the world... Continue reading
Posted Dec 4, 2024 at Claims and Bad Faith Law Blog
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EXPERTS PARTICIPATING IN THE CLAIMS HANDLING PROCESS.
In Espinoza v. State Farm Lloyds, Case No. 1:23-CV-751-DII, 2024 WL 4919587 (W.D. Tex. Sept. 16, 2024), an experienced United States District Judge in Texas, the Hon. Robert Pitman, granted the homeowner’s carrier’s motion for summary judgment on all claims.... Continue reading
Posted Dec 2, 2024 at Claims and Bad Faith Law Blog
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Negotiating Claims and Avoiding Bad Faith While Conducting Settlement Negotiations.
In Staple v. LM Gen. Ins. Co., No. 24-3935, 2024 WL 4882649 (E.D. Pa. Nov. 25, 2024), the Court gave a short and insightful seminar on negotiating claims and avoiding bad faith in conducting them: Arbitrarily low settlement offers may... Continue reading
Posted Nov 27, 2024 at Claims and Bad Faith Law Blog
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LENDER FORCE-PLACED INSURANCE IS NOT A PROFIT PLAN.
In In re: Blakey, ___ B.R. ___, 2024 WL 4766216 (Bankr. W.D. Pa. Nov. 13, 2024), a secured creditor failed to meet its burden of proof on its claim for reimbursement of lender force-placed insurance premiums for coverage in excess... Continue reading
Posted Nov 26, 2024 at Claims and Bad Faith Law Blog
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KEEPING THE SECRETS OF BUSINESS INFORMATION FROM COMPETITORS AND PUBLIC.
In BLST Northstar, LLC v. Santander Consumer USA, Inc., No. 22-cv-2210 (PAM/DJF), 2024 WL 4799847 (D. Minn. Nov. 15, 2024) (USMJ), a U.S. Magistrate Judge held that the documents and testimony at issue was subject to a common law presumption... Continue reading
Posted Nov 18, 2024 at Claims and Bad Faith Law Blog
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TEXAS LAWYER GUIDES FIFTH CIRCUIT IN LOUISIANA BAD FAITH LAW.
In First Utd. Pentecostal Church v. Church Mut. Ins. Co., 119 F.4th 417, 427 (5th Cir. 2024), a panel of the Fifth Circuit Court of Appeals affirmed a trial judge’s holding which accepted as “credible” an expert’s adjustment to an... Continue reading
Posted Nov 16, 2024 at Claims and Bad Faith Law Blog
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ANOTHER FILED RATE DOCTRINE CASE APPEALED TO FEDERAL APPELLATE COURT.
What do you think the supreme court would do with this case if they get their hands on it? In Wright v. USAA, No. 1:23-cv-11155-ADB, 2024 WL 4681749 (D. Mass. Nov. 5, 2024), a U.S. District Judge in Massachusetts denied... Continue reading
Posted Nov 7, 2024 at Claims and Bad Faith Law Blog
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POLICY LIMITATIONS PERIODS: CONTRACT CLAIMS AND PENNSYLVANIA STATUTORY BAD FAITH CLAIMS.
In Houtz v. State Farm Fire & Cas. Co., ___ F. Supp. 3d ___, No. 23-3579, 2024 WL 4556054 (E.D. Pa. Oct. 23, 2024), a Federal Judge in the Eastern District of Pennsylvania said that the suit limitations provision set... Continue reading
Posted Nov 1, 2024 at Claims and Bad Faith Law Blog
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CLASS OF ALL INSUREDS IN THE STATE? IT COULD HAPPEN.
In Desai v. Caresource Inc., ___ N.E.3d ___, C.A. No. 29965, 2024 WL 3738457 (Ohio Ct. App., 2d Dist., Aug. 9, 2024), the defendant health insurer was sued for multiple claims and causes of action: In March 2018, Plaintiffs filed... Continue reading
Posted Oct 23, 2024 at Claims and Bad Faith Law Blog
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Experts in Adjusting Claims.
In First Utd. Pentecostal Church v. Church Mut. Ins. Co., ___ F.4th ___, 2024 WL 4511240 (5th Cir. Oct. 17, 2024), one "Sonnier was offered as an expert in 'adjusting and general contract construction.'” First United, 2024 WL 4511240, at... Continue reading
Posted Oct 18, 2024 at Claims and Bad Faith Law Blog
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INSURER’S WAIVER OF OBJECTIONS TO CIVIL REMEDY BAD FAITH NOTICE.
In Bailey v. People’s Trust Ins. Co., 392 So.3d 123 (Fla. 4th DCA 2024), a Florida intermediate appellate court agreed with a homeowner-policyholder’s argument that “by responding to the CRN on the merits and failing to identify any specific defect... Continue reading
Posted Oct 16, 2024 at Claims and Bad Faith Law Blog
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DISCOVERING RESERVES IN A BAD FAITH CASE.
In Ockford v. Encompass Ins. Co., No. 24-1581, 2024 WL 4437820 (E.D. Pa. Oct. 7, 2024) (Hey, USMJ), a U.S. Magistrate Judge overstated the legal proposition behind discovering reserves in a UIM or underinsured motorist coverage case involving Pennsylvania substantive... Continue reading
Posted Oct 9, 2024 at Claims and Bad Faith Law Blog
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REASONABLENESS JUDICIALLY CONSIDERED: WHEN LIABILITY IS REASONABLY CLEAR, REASONABLE OFFERS.
In Urban v. Zurich Am. Ins. Co., ___ F. Supp. 3d ___, No. 21-CV-11182-AK, 2024 WL 4379927 (D. Mass. Sept. 30, 2024), a U.S. District Judge in Massachusetts considered whether the liability insurance carrier defendant had violated Massachusetts statutes by... Continue reading
Posted Oct 4, 2024 at Claims and Bad Faith Law Blog
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HOW FORTUITOUS FOR THE CARRIER THAT REFUSED TO PAY.
In Hansen Storage Co. v. Emp'rs Mut. Cas. Co., ___ F. Supp. 3d ___, No. 23-CV-362-SCD, 2024 WL 2272621 (E.D. Wis. May 20, 2024) (USMJ), the concept of fortuity as understood in Wisconsin law was expressed by a U.S. Magistrate... Continue reading
Posted Oct 1, 2024 at Claims and Bad Faith Law Blog
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INFORMATION ASYMMETRY, LONG-TERM CARE PREMIUMS, NO BAD FAITH HERE.
In Collins v. Metropolitan Life Ins. Co., ___ F.4th ___, No. 23-1351, 2024 WL 4247224 (8th Cir. Sept. 20, 2024), a panel of the Eighth Circuit Court of Appeals considered an appeal from a trial court order dismissing claims including... Continue reading
Posted Sep 23, 2024 at Claims and Bad Faith Law Blog
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THE DISCOVERABILITY OF POST-LITIGATION CLAIM EVALUATION AND REVIEW MATERIALS.
In Lynn v. State Farm Mut. Auto. Ins. Co., ___ F. Supp. 3d ___, No. 23-cv-03222-MDB, 2024 WL 4180731 (D. Colo. Sept. 6, 2024), a U.S. Magistrate Judge dealt with the thorny issue of discovery of post-litigation claim evaluation and... Continue reading
Posted Sep 18, 2024 at Claims and Bad Faith Law Blog
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