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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
LIABILITY CARRIER RESERVED RIGHTS INCLUDING REIMBURSEMENT, RECOVERS INDEMNITY AND DEFENSE EXPENSES.
In a recent opinion, a U.S. District Judge in Massachusetts held that with respect to an underlying action, a liability carrier had no duty to defend or indemnify either of the two parties which the carrier subsequently sued in the... Continue reading
Posted yesterday at Claims and Bad Faith Law Blog
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BURDENS OF PROOF OF BAD FAITH--WHO HAS THE BURDENS?
Burdens of proof -- Who Has The Burdens is the title of § 3:95 in 1 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH (West Publishing Co. 3d Edition, 2022 Supplements in process). The burdens of proof in... Continue reading
Posted yesterday at Claims and Bad Faith Law Blog
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THE FILED RATE DOCTRINE: MORE LESSONS FROM THE FIELD.
For good or ill, the filed rate doctrine has been introduced into the field of insurance. Learning the lessons from the field in which the FRD began, which is the field of utility regulation, is important. That might seem obvious,... Continue reading
Posted 6 days ago at Claims and Bad Faith Law Blog
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PLAINTIFF COULD NOT ESTABLISH SUMMARY JUDGMENT, BUT BOTH MOTIONS DENIED.
In Ventrice v. Lexington Ins. Co., No. 16-660, 2022 WL 3013078 (D.N.J. July 28, 2022) (stated NOT FOR PUBLICATION), the District Judge summarized New Jersey law on insurer bad faith: To establish a claim for bad faith, a plaintiff must... Continue reading
Posted Aug 1, 2022 at Claims and Bad Faith Law Blog
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PRESCRIBING TIMES, PLACES, MANNER HOLDING ELECTIONS ALWAYS SUBJECT, NEVER ABSOLUTE.
The Constitution of the United States provides, in part here pertinent: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time... Continue reading
Posted Jul 27, 2022 at Claims and Bad Faith Law Blog
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THE LESSON OF LINGERING CORONAVIRUS AND OF COVERAGE IS PERSISTENCE.
This article is adapted in part from § 7:20 Virus Exclusions and the Coronavirus Pandemic of Covid-19 in the forthcoming CATASTROPHE CLAIMS: INSURANCE COVERAGE FOR NATURAL AND MAN-MADE DISASTERS (Thomson Reuters November 2022 Edition) ©THOMSON REUTERS. It is worth considering... Continue reading
Posted Jul 25, 2022 at Claims and Bad Faith Law Blog
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COURT BIFURCATES, STAYS COVID-19 BAD FAITH CLAIMS.
In Procaccianti Cos. v. Zurich Am. Ins. Co., No. 20-512WES, 2022 WL 2802357, at *4 (D.R.I. July 18, 2022) (USMJ), a Magistrate Judge in Rhode Island granted Zurich American's motions to bifurcate Procaccianti Companies' COVID-19 bad faith claims under Fed.... Continue reading
Posted Jul 20, 2022 at Claims and Bad Faith Law Blog
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REASONABLENESS IS A QUESTION OF FACT IN BAD FAITH CASE.
In Robinson v. Charter Oak Fire Ins. Co., No. 20-cv-1534-RMR-MEH, 2022 WL 2753524 (D. Colo. May 26, 2022), the Court applied Colorado law to first-party bad faith claims. So far as bad faith cases are concerned, the issues in this... Continue reading
Posted Jul 18, 2022 at Claims and Bad Faith Law Blog
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SANCTIONING BAD FAITH CONDUCT OF ATTORNEYS, PARTIES: INHERENT v. STATUTORY AUTHORITY.
Federal courts, it has been held, have at least two kinds of authority to sanction bad faith conduct of attorneys and parties. One source of their authority is inherent. A federal court can sanction a lawyer or a party for... Continue reading
Posted Jul 11, 2022 at Claims and Bad Faith Law Blog
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ACTIONABLE BAD FAITH DURING LITIGATION MORE THAN COMMON DEFENSIVE TACTICS.
In the course of an insurance coverage case, a federal Magistrate Judge in Pennsylvania was confronted with a motion for leave to amend. The plaintiffs sought leave to amend their complaint to allege counts for insurer bad faith based on... Continue reading
Posted Jul 6, 2022 at Claims and Bad Faith Law Blog
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THE QUESTION OF FIRST-PARTY BAD FAITH--INVESTIGATION AND EVALUATION.
The question of bad faith involves insurance carriers' timely investigation and evaluation of claims against policyholders. In many jurisdictions, the question of bad faith also involves the carrier's conduct before and after the bad faith lawsuit is filed. See generally... Continue reading
Posted Jul 4, 2022 at Claims and Bad Faith Law Blog
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DECLARE YOUR INDEPENDENCE! MAKE EVERY DAY HOPEFUL.
DO WHAT YOU CAN DO. I am only one, but I am one. I can do something. That which I can do, I ought to do. And that which I ought to do, By the Grace of God, I shall... Continue reading
Posted Jul 4, 2022 at Claims and Bad Faith Law Blog
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BAD FAITH IS TYPICALLY IN THE FACTS.
"Typically, the question of whether an insurer acted in good faith toward its insured in resolving a claim is an issue of fact for the jury." Firtell v. USAA Cas. Ins. Co., 332 So. 3d 537, 538-39 (Fla. 4th DCA... Continue reading
Posted Jun 29, 2022 at Claims and Bad Faith Law Blog
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"EMBARRASSED" PORN VIEWERS, PSEUDONYMOUS PARTIES, & SEALING COURT RECORDS: WHAT'S REQUIRED.
The question of sealing the identity of defendants sued by Strike 3 Holdings, LLC is now a thing. Strike 3 has settled with anonymous defendants in several recent cases in which the defendants are known only by their IP addresses.... Continue reading
Posted Jun 27, 2022 at Claims and Bad Faith Law Blog
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Dobbs v. Jackson Women's Health Org.
I always thought that the job of judges was to protect rights. Until Sam Alito and his gang, I never thought that judges would take established rights away. There is more to come, I am afraid. See SUPREME POWER published... Continue reading
Posted Jun 24, 2022 at Claims and Bad Faith Law Blog
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WHEN PROPERTY CARRIERS RECOUP FROM INSUREDS WHAT THEY PAY TO MORTGAGEES.
In some cases, property carriers can recoup the amounts they paid to mortgagees from their own insureds, the mortgagors. “Stated another way, ‘[W]hen an insurer pays a mortgagee for loss from an insured’s arson, the property insurer is entitled to... Continue reading
Posted Jun 22, 2022 at Claims and Bad Faith Law Blog
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DO YOU KNOW THE DIFFERENCE BETWEEN "INDEMNITY RESERVES" & "CLAIM RESERVES"?
In Luxottica of Am. Inc. v. Allianz Global Risks US Ins. Co., No. 1:20-cv-698, 2022 WL 1204870 (S.D. Ohio April 22, 2022), what the Court identified as "indemnity reserves," the Court held to be protected work product under federal civil... Continue reading
Posted Jun 20, 2022 at Claims and Bad Faith Law Blog
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Ocasio v. C.R. Bard: READING THE LOCAL RULES ONE YEAR LATER.
Ocasio v. C.R. Bard, Inc., No. 8:13-cv-1962-CEH-AEP, 2021 WL 2477259 (M.D. Fla. June 17, 2021) was decided on June 17, 2021. Three were 7 lawyers of record by my count. Four were from outside Florida. These 4 were obviously the... Continue reading
Posted Jun 17, 2022 at Claims and Bad Faith Law Blog
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A COURT EXPLAINS WHY REINSURANCE WORLD IS A SPECIAL PLACE.
A federal Court applying Illinois law recently held that there is no statutory bad-faith claim against a reinsurer's agents under 215 Ill. Comp. Stat. (ILCS) 5/155 because that statute does not apply to reinsurance contracts or to reinsurers' agents. The... Continue reading
Posted Jun 15, 2022 at Claims and Bad Faith Law Blog
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EXCESS CARRIERS AND PRIMARY CARRIERS IN NEW JERSEY, AND BEYOND.
When a court describes the importance of excess vs. primary coverage, it is a beautiful thing to excess carriers and their coverage counsel. In CNA Ins. Co. v. Selective Ins. Co., 354 N.J. Super. 369, 383, 807 A.2d 247, 255... Continue reading
Posted Jun 13, 2022 at Claims and Bad Faith Law Blog
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LISTENING AS THE WITNESS TESTIFIES.
One of the things that lawyers need to do better when they take depositions is listen to what the witness has to say. I heard Mr. Bill Stepien testify today by deposition at the Jan 6 Committee Hearing. He testified... Continue reading
Posted Jun 13, 2022 at Claims and Bad Faith Law Blog
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PROVIDED DEFENSE COUNSEL: LIABILITY TO THE INSURER FROM DEFENDING INSURED?
It seems that things have changed somewhat in Florida with the decision in Arch Ins. Co. v. Kubicki Draper, LLP, 318 So. 3d 1249 (Fla. 2021). In Kubicki Draper, the Florida Supreme Court answered the following question certified to it... Continue reading
Posted Jun 6, 2022 at Claims and Bad Faith Law Blog
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CIVIL REMEDY NOTICE: FOCUS ON THE SPECIFICS.
In Gooden v. People's Trust Insurance Co.,[1] Florida's Fourth District Court of Appeal decided an issue of Civil Remedy Notice specificity: The essence of Civil Remedy Notice specificity is that a Civil Remedy Notice can contain quotations of provisions of... Continue reading
Posted Jun 1, 2022 at Claims and Bad Faith Law Blog
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SUPREME POWER.
There is a theory by which some members of the U.S. Supreme Court want to exercise supreme power. A combination of things -- inadequate legal reasoning and bad historical research -- may be why this theory has not appeared in... Continue reading
Posted May 25, 2022 at Claims and Bad Faith Law Blog
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WHERE FACTS, NOT SO MUCH ALLEGATIONS, DEPLOY A DEFENSE.
When facts determine a liability carrier's duty to defend, it's the allegations of fact that are relevant and not so much the allegation "labels" that a plaintiff -- or a liability carrier contesting its duty to defend -- put on... Continue reading
Posted May 25, 2022 at Claims and Bad Faith Law Blog
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