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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
TO WHOM IT MAY CONCERN: QUESTIONS ABOUT YOUR SECRECY AGREEMENTS.
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There is just enough time for a few questions in this special Thursday edition of Insurance Claims and Bad Faith Blog. How did it happen that so many lawyers in so many cases used the same language for their Stipulated... Continue reading
Posted 2 days ago at Claims and Bad Faith Law Blog
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THREE FROM THE C.D.: "GOOD CAUSE STATEMENT" IN ALL OF THEM.
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(Editing. Lexis/Nexis) Continuing our look at the three cases decided by Magistrates in the Central District of California on the same day (March 26, 2021), each of the three contained orders with this same language in the lawyers' "Good Cause... Continue reading
Posted 3 days ago at Claims and Bad Faith Law Blog
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CAN THERE BE BAD FAITH OFF-SHORING TAX LIABILITY?
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(Photograph courtesy of NASA) Jesse Drucker has written an informative investigative report about off-shoring activities designed to reduce tax liabilities. Apparently, if a corporation large enough to move certain financial activities off-shore -- such as Bristol Myers in this article... Continue reading
Posted 5 days ago at Claims and Bad Faith Law Blog
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PUMPING OUT PROPOSED SECRECY ORDERS, GOOD CAUSE IN HIDING.
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(Image via Central District of California website) In three cases decided on the same day, three different U.S. Magistrate Judges in the Central District of California granted three of the same Stipulated Protective Orders, without saying why. Each of the... Continue reading
Posted Mar 31, 2021 at Claims and Bad Faith Law Blog
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"NOTICE-PREJUDICE RULE" NOT FOR CLAIMS-MADE POLICIES IN KENTUCKY.
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In Darwin Nat'l Assur. Co. a/k/a Allied World Specialty Ins. Co. v. Kentucky St. Univ., ___ S.W.3d ___, No. 2019-CA-1811-MR, 2021 WL 1045716 (Ky. Ct. App. March 19, 2021) (stated not final), the Kentucky Court of Appeals faced a question... Continue reading
Posted Mar 24, 2021 at Claims and Bad Faith Law Blog
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HOW ESTOPPEL LIVES IN TEXAS IN THE 21st CENTURY.
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Editing. (LexisNexis) "It is well established that as an equitable doctrine, estoppel requires that one who comes into equity must come with clean hands. If not, the doors of equity are closed to one tainted with inequitableness or bad faith... Continue reading
Posted Mar 22, 2021 at Claims and Bad Faith Law Blog
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IT MIGHT ABUSE DISCRETION, BUT HAPPY ST. PATRICK'S DAY ANYWAY!
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(Photo by Dennis Wall) "The district court abused its discretion in permitting Defendants and the DEA to file their pleadings under seal." In re: Nat'l Prescrip. Opiate Litig. (HD Media Co. v. U.S. Dep't of Justice), 927 F.3d 919, 939... Continue reading
Posted Mar 17, 2021 at Claims and Bad Faith Law Blog
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NO COVERAGE, NO BAD FAITH MEANT SEVERANCE IN THIS CASE.
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The usual rule is no coverage, no bad faith. That can mean severance for the insurance carrier where there are multiple coverage and bad faith claims in the same case against it. See, e.g., Optical Works & Logistics, LLC v.... Continue reading
Posted Mar 15, 2021 at Claims and Bad Faith Law Blog
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FLORIDA CIVIL REMEDY NOTICE OBSCURES ADVANCED PAYMENT, BARS BAD FAITH.
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(Gridview_imagefull / Florida Department of Agriculture and Consumer Services) The Fourth District Court of Appeal affirmed dismissal with prejudice of a policyholder's bad faith claim against his homeowner's carrier in Julien v. United Prop. & Cas. Ins. Co., ___ So.... Continue reading
Posted Mar 10, 2021 at Claims and Bad Faith Law Blog
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PRESUMPTION OF PUBLIC ACCESS, BUT NO REVERSAL IN FIFTH CIRCUIT.
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(Photo © Dennis J. Wall) Of all Federal Courts, one of the ones you might least expect to uphold the presumption of public access to court records is the Fifth Circuit Court of Appeals. Yet that is exactly what they... Continue reading
Posted Mar 8, 2021 at Claims and Bad Faith Law Blog
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HEARING WITHOUT FORM, SEALING WITHOUT GOOD CAUSE SHOWN.
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Courtroom (Pacific Standard) In Hunter v. Booz Allen Hamilton, Inc., No. 2:19-cv-411, 2021 WL 790208 (S.D. Ohio March 2, 2021) (Vascura, USMJ), a U.S. Magistrate Judge held an "informal" conference during which she formally ruled. The plaintiffs in the case... Continue reading
Posted Mar 3, 2021 at Claims and Bad Faith Law Blog
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CYBERSECURITY TIPS FOR NATIONAL CONSUMER PROTECTION WEEK!
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Notebook Workplace Desk (Courtesy of Free Photos) During this National Consumer Protection Week, the U.S. Cybersecurity and Infrastructure Security Agency (CISA) encourages consumers to review the Federal Trade Commission's NCPW resource page and review the CISA tips, among others, you... Continue reading
Posted Mar 1, 2021 at Claims and Bad Faith Law Blog
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IT'S NATIONAL CONSUMER PROTECTION WEEK!
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Consumer Rights and Responsibilities (Gridview_imagefull / Florida Department of Agriculture and Consumer Services) Check out National Consumer Protection Week events by copying and pasting this link into your browser: https://uspirgedfund.org/blogs/blog/usp/national-consumer-protection-week-2021: Mon Report on CFPB. Tues ID theft and fraud Wed... Continue reading
Posted Mar 1, 2021 at Claims and Bad Faith Law Blog
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GIVING SHAPE TO SHAPE-SHIFTING STIPULATED PROTECTIVE ORDERS: GOOD CAUSE.
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Editing. (LexisNexis) "The parties must provide the requisite good cause, which is missing from their pending motions." Thus did the Court succinctly summarize its ruling in Ramos v. Continental Auto. Sys's, Inc., No. 18-1900-pp, 2020 WL 8617482, at *1 (E.D.... Continue reading
Posted Mar 1, 2021 at Claims and Bad Faith Law Blog
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"DON'T LET THE DOOR HIT YOU ON THE WAY OUT":
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SUA SPONTE REMAND OF UM BAD FAITH CASE. GEICO General Insurance Company removed a case from Florida State Circuit Court to U.S. District Court on February 5, 2021. On February 9, the District Judge issued basically a "show cause" Order... Continue reading
Posted Feb 24, 2021 at Claims and Bad Faith Law Blog
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NO SECRETS ON GEORGE WASHINGTON'S BIRTHDAY & NEVER IN SIXTH CIRCUIT.
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George Washington Statue (University of Washington) In Sweeney v. Nationwide Mut. Ins. Co., No. 2:20-cv-1569, 2020 WL 8265654 (S.D. Ohio Oct. 6, 2020), a United States Magistrate Judge applied settled Sixth Circuit case law and denied permission to file an... Continue reading
Posted Feb 22, 2021 at Claims and Bad Faith Law Blog
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NO COVERAGE CLAIM, NO BAD FAITH CLAIM.
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EMPTY JURY BOX (Brennan Linsley / Associated Press) In many cases in many Courts across the nation, the argument has taken hold that if there is no coverage claim, there is no bad faith claim. The main exception has been... Continue reading
Posted Feb 17, 2021 at Claims and Bad Faith Law Blog
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CLAIMING GOOD FAITH TO AMEND NO GOOD IN THIS CASE.
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(Gridview_imagefull / Florida Department of Agriculture & Consumer Services) The plaintiff in an insurance bad-faith case sought "to add an additional breach of fiduciary duty theory under her existing Count I, a common law claim for intentional infliction of emotional... Continue reading
Posted Feb 15, 2021 at Claims and Bad Faith Law Blog
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THIS FEDERAL JUDGE GAVE A DAMN.
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(Thomson Reuters West via LinkedIn) PUBLIC ALLOWED TO ACCESS TESTIMONY ABOUT MEDICAL IMPLANTS THAT ALLEGEDLY MAIM AND KILL. "This multidistrict litigation proceeding ('MDL') involves personal injury cases brought against Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. (collectively,... Continue reading
Posted Feb 10, 2021 at Claims and Bad Faith Law Blog
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ASKING LIFE INSURANCE COMPANIES FOR GOOD FAITH IN A PANDEMIC.
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(Image via Consumer Federation of America) There is a reported contagion spreading throughout Europe. It is not the coronavirus itself, but it is a phenomenon directly related to Covid. It is the reported behavior of some life insurance companies delaying... Continue reading
Posted Feb 8, 2021 at Claims and Bad Faith Law Blog
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"MATCHING" REQUIREMENTS FOR REPLACEMENT PARTS: FLORIDA STATUTE, INSURANCE POLICY.
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(Image courtesy of NASA) In SFR Serv's, LLC v. Lexington Ins. Co., No: 2:19-cv-229-FtM-29NPM, 2021 WL 322367 (M.D. Fla. February 1, 2021), the Court addressed many motions in limine. The Court's rulings on one of them is addressed here: the... Continue reading
Posted Feb 3, 2021 at Claims and Bad Faith Law Blog
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DEPOSING THE CORPORATE REP IN 2021.
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(Free Photos) A new article explores the ways and means of deposing corporate representatives in 2021, by Tiffany Ward and Jessica Kennedy, titled A REVIEW OF THE 2020 AMENDMENT TO RULE 30(B)(6): A GUIDE FOR PRACTITIONERS ON HOW TO APPROACH... Continue reading
Posted Feb 1, 2021 at Claims and Bad Faith Law Blog
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FLORIDA COURT PROTECTED COVID RENTERS AND OWNERS FROM FORECLOSURE...
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... IN 2017. Sign Asking For Help Turning Covid ICU Patient (Marcus Yarn/Los Angeles Times) Case law from Florida's Fifth District Court of Appeal shows a simple way to protect renters, homeowners and landlords from evictions and foreclosures, respectively, because... Continue reading
Posted Jan 27, 2021 at Claims and Bad Faith Law Blog
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NORTH CAROLINA FILED RATE DOCTRINE RECOGNIZED AS FEDERAL FRD.
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Insurance Policy for Slave, Warwick (New York Public Library Digital Collection) In DiCesare v. Charlotte-Mecklenburg Hosp. Auth., No. 156A17-2, 852 S.E.2d 146, 153 (N.C. December 18, 2020), the Supreme Court of North Carolina recognized that it had previously adopted the... Continue reading
Posted Jan 25, 2021 at Claims and Bad Faith Law Blog
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CHALLENGING CONFIDENTIALITY OF "CONFIDENTIAL" DESIGNATIONS: FOUR RULES TO LIVE BY.
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(Image by NASA) Lawyers tend to write broadly when they write stipulations for protective orders. They give themselves powers to designate evidence "Confidential" and "Highly Confidential -- Outside Attorneys' Eyes Only." This is what they did in their stipulated protective... Continue reading
Posted Jan 22, 2021 at Claims and Bad Faith Law Blog
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