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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
EXPERT TESTIMONY EXCLUDED ON "BAD FAITH" SETTLEMENT NEGOTIATIONS.
A trial judge's expert testimony was excluded in Columbia Cas. Co. v. Ironshore Specialty Ins. Co., C.A. No. 15-197 WES, 2019 WL 2176306 (D.R.I. May 20, 2019). The retired judge's expert testimony was proffered on the issue of whether a... Continue reading
Posted 3 days ago at Claims and Bad Faith Law Blog
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BARR'S LAW IS TO AMERICAN LAW, AS BARR'S JUSTICE IS TO JUSTICE IN 2019.
Many people alive today remember the Vietnam-era saying and book title that went something like this: "Military music is to music, as military justice is to justice." It was so good, it feels right to bring it back in 2019,... Continue reading
Posted 5 days ago at Claims and Bad Faith Law Blog
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$1 MILLION PUNITIVE DAMAGES FOR BAD FAITH BREACH...
$1 MILLION PUNITIVE DAMAGES FOR BAD FAITH BREACH OF INSURANCE CONTRACT. In Mazik v. GEICO General Ins. Co., No. B281372, 2019 WL 2150799 (Cal. 2d DCA, Div. 2, May 17, 2019), a California jury awarded $313,508.00 in damages for delayed... Continue reading
Posted 5 days ago at Claims and Bad Faith Law Blog
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THE LAST DAY TO SPEAK ON THE PAYDAY LOAN RULE!
I left the following Comments with the current Consumer Financial Protection Bureau earlier today in opposition to repeal of the Payday Loan Rule. TODAY is the deadline for your own Comments to be heard! The contact information is all set... Continue reading
Posted May 15, 2019 at Claims and Bad Faith Law Blog
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COMMENT BY MAY 15 ON REPEALING THE PAYDAY LOAN RULE!
I left the following Comments with the current Consumer Financial Protection Bureau earlier today in opposition to repeal of the Payday Loan Rule. Tomorrow is the deadline for your own Comments to be heard! The contact information is all set... Continue reading
Posted May 14, 2019 at Claims and Bad Faith Law Blog
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COMPLEX COMMERCIAL CONTRACT COURTS: DECLARATORY JUDGMENTS JURISDICTION OVER BAD FAITH?
Delaware has a specialized court for "complex commercial contract cases." One such case was decided in Arch Ins. Co. v. Murdock, C.A. No. N16C-01-104 EMD CCLD, 2019 WL 2005750 (Del. Super Ct. May 7, 2019). Arch Insurance v. Murdock is... Continue reading
Posted May 14, 2019 at Claims and Bad Faith Law Blog
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NOT BARRED, INVITED: WILLIAM P. BARR AND THE AMERICAN LAW INSTITUTE.
"The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law." That is how the American Law Institute or ALI for short, describes itself on its website's... Continue reading
Posted May 10, 2019 at Claims and Bad Faith Law Blog
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THEY'RE BACK!!! CREATIVE FINANCING, DILAPIDATED HOUSING, AND BAD FAITH!
Selling houses without making them habitable looks, sounds, and smells like Bad Faith. Even when they are sold at "instant buying" prices over the internet. See Ben Casselman and Conor Dougherty, Looking For a Fast Sale? Silicon Valley is Buying,... Continue reading
Posted May 9, 2019 at Claims and Bad Faith Law Blog
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ILLINOIS COURTS CONFIRM INSURED'S OWN INDEPENDENT COUNSEL PAID BY INSURER.
In Xtreme Protection Serv's, LLC v. Steadfast Ins. Co., ___ N.E.3d ___, No. 1-18-1501, 2019 WL 1976482, 2019 IL App (1st) 181501 (Ill. 1st DCA, 6th Div., May 3, 2019) (stated Not Final), the Illinois District Court of Appeal applied... Continue reading
Posted May 7, 2019 at Claims and Bad Faith Law Blog
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NEW YORK UIM CLAIM: TRIABLE CONTRACT BREACH, NOT BAD FAITH.
In Liang v. Progressive Cas. Ins. Co., 2019 WL 1925954 (N.Y. App. Div., 2d Dep't, Feb. 5, 2019), the appellate court agreed with the trial court that there are "triable issues of fact" on the Underinsured Motorist Claim that Mr.... Continue reading
Posted May 2, 2019 at Claims and Bad Faith Law Blog
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LESSONS ON SECRET SETTLEMENT NEGOTIATIONS FROM A PRO SE CASE.
A pro se Fair Labor Standards Act case may have some lessons for keeping settlement offers secret in insurance bad faith cases. In Chenault v. Randstad USA Mfg. & Logistics,[1] Mr. Chenault, representing himself without a lawyer, filed a "Motion... Continue reading
Posted Apr 30, 2019 at Claims and Bad Faith Law Blog
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FORECLOSURE DAMAGES FOR BAD FAITH.
In Shawnee Tabernacle Church v. Guideone Ins., No. 16-5728, 2019 WL 1779829, at *1 (E.D. Pa. April 23, 2019), the Court was confronted with a water loss and claims of breach of contract and insurer bad faith. The questions addressed... Continue reading
Posted Apr 25, 2019 at Claims and Bad Faith Law Blog
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CALIFORNIA MAGISTRATE JUDGE ENFORCES CONFIDENTIALITY CONTRACT IN DEFENDANT'S PROTECTIVE ORDER.
In Bell N. Res., LLC v. ZTE Corporation, No.: 18cv1786-CAB(BLM), 2019 WL 1590472 (S.D. Cal. April 12, 2019) (Major, USMJ), ZTE sought a protective order that would prevent BNR's expert witness from testifying to information that ZTE and its lawyer... Continue reading
Posted Apr 16, 2019 at Claims and Bad Faith Law Blog
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THEY HUNG UP ON THE STIPULATED SECRECY ORDER.
In AT&T Corp. v. Speednet-Sem LLC, No. 18-12791, 2019 WL 1532359 (E.D. Mich. April 9, 2019), because the defendant took so long to eventually say "no" to AT&T's proposal for its stipulated protective order, the time passed for AT&T, a... Continue reading
Posted Apr 11, 2019 at Claims and Bad Faith Law Blog
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LENDER FORCE-PLACED INSURANCE BAD FAITH IN THE 21st CENTURY.
Many cases present lender force-placed insurance (LFPI) claims based on alleged recent LFPI practices. In these cases, homeowners are successful in alleging at least some claims that their lenders and the lenders' servicers and force-placed insurance carriers add kickbacks and... Continue reading
Posted Apr 9, 2019 at Claims and Bad Faith Law Blog
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JPMORGAN, NIGERIA'S MONEY, LONDON LAWSUIT. BAD FAITH? NOT APRIL FOOL'S!
A British case raises an intriguing question for American insurance bad faith litigation. Under British law, a bank has a duty to act in the best interests of its customers. The Nigerian government is suing JPMorgan Chase on the ground... Continue reading
Posted Apr 2, 2019 at Claims and Bad Faith Law Blog
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TOWERS OF POWER? LAYERS OF EXCESS? COVERAGE ADDRESSED BY LABELS?
In COSTCO Wholesale Corp. v. Arrowood Indem. Co., NO. C17-1212RSL, 2019 WL 1330455 (W.D. Wash. March 25, 2019), a federal judge applied the express terms of an excess liability insurance policy. Of course, the federal judge also described the excess... Continue reading
Posted Mar 28, 2019 at Claims and Bad Faith Law Blog
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CONSUMER PROTECTION CLAIMS FOR INSURER BAD FAITH.
Consumers have a right of action under Washington's Consumer Protection Act against their insurance carriers for breach of the duty of good faith and fair dealing, i.e., for insurer bad faith. This rule has been applied recently against a health... Continue reading
Posted Mar 26, 2019 at Claims and Bad Faith Law Blog
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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 Mar 21, 2019 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 Mar 19, 2019 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 Mar 17, 2019 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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