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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
P.S. TIMES TWO TO FACEBOOK CASE.
Earlier this week I posted an article on this Blog about the decision in a Facebook case, In re: Facebook, Inc. Consumer Privacy User Profile Litig., No. 18-md-02843-VC (JSC), 2021 WL 3209711 (N.D. Cal. July 29, 2021) (USMJ). Here is... Continue reading
Posted yesterday at Claims and Bad Faith Law Blog
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USMJ PROTECTS FACEBOOK'S CAMBRIDGE ANALYTICA DOCUMENTS IN THE PUBLIC RECORD.
"In 2016, Facebook produced one million pages of confidential documents" pursuant to a protective order entered in The San Mateo County Superior Court in California. Facebook's production included 46 documents later at issue in a Multidistrict Litigation centered in California... Continue reading
Posted 3 days ago at Claims and Bad Faith Law Blog
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IN TESLA AUTOPILOT CASE, DELAY AMENDING NOT BAD FAITH DENIAL.
Delay in bringing a motion for leave to amend a complaint does not necessarily mean bad faith. Without bad faith delaying the motion for leave to amend, there is no denial, a Magistrate Judge in the Eastern District of New... Continue reading
Posted Jul 28, 2021 at Claims and Bad Faith Law Blog
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MEDICAID EXPANSION IN MISSOURI: EQUAL PROTECTION FROM & OF THE VOTERS.
In Doyle v. Tidball, ___ S.W.3d ___, No. SC 99185, 2021 WL 3119116 (Mo. July 22, 2012), the Missouri Supreme Court unanimously held that the effect of the plain language of the voters' State Constitutional Amendment requires equal protection if... Continue reading
Posted Jul 26, 2021 at Claims and Bad Faith Law Blog
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BARR's department 'ISN'T OVER, IT ISN'T EVEN PAST.'
MARK R. FREEMAN, Esquire has been a busy lawyer since 2014 when we started paying his salary with our federal taxes. He joined the justice department that year. There are reports that in January 2020 he argued against the former... Continue reading
Posted Jul 22, 2021 at Claims and Bad Faith Law Blog
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COVID COVERAGE, MAJORITY VIEWS, PRESENTING AND DEFENDING COVERAGE CLAIMS.
The current majority view of most Covid coverage claims is concisely expressed in a recent decision in the U.S. District Court for the District of Connecticut: To the extent something more than the presence of COVID-19 alone can be alleged... Continue reading
Posted Jul 21, 2021 at Claims and Bad Faith Law Blog
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WHERE BREACH OF CONTRACT MEETS IMPLIED COVENANT OF GOOD FAITH.
In Colwell v. MCNA Ins. Co., 960 N.W.2d 675 (Iowa 2021) (emphasis in original), the unlabeled synopsis at the outset of the published decision, printed even above the identification of the Justice who wrote the opinion for the Court, states:... Continue reading
Posted Jul 19, 2021 at Claims and Bad Faith Law Blog
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BOTH THE SUBSTANCE AND THE PROCEDURE OF THE THING.
In Obertman v. Electrolux Home Care Prod's, Inc., No. 2:19-cv-02487-KJM-AC, 2021 WL 2823072 (E.D. Cal. July 7, 2021), the Court outlined both the substance and the procedure of sealing court records from public view. The Court concisely summarized the current... Continue reading
Posted Jul 14, 2021 at Claims and Bad Faith Law Blog
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WISCONSIN NEXT: BUCKING THE TRENDS, OR DOES IT?
This follows an article featuring North Carolina law published here on Wednesday, July 7, 2021, NORTH CAROLINA BUCKS THE TRENDS, OR DOES IT? "In Wisconsin, bad faith is a tort 'separate and apart from a breach of contract.'" Greystone Condo.... Continue reading
Posted Jul 12, 2021 at Claims and Bad Faith Law Blog
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ASK FOR RIGHT RELIEF, YOU MIGHT GET RIGHT ANSWER.
Posted Jul 7, 2021 at Claims and Bad Faith Law Blog
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NORTH CAROLINA BUCKS THE TRENDS, OR DOES IT?
Under North Carolina law, "a bad faith claim may proceed even where it is determined that the underlying contract was not breached." Duke Univ. v. Endurance Risk Sol's Assur. Co., No. 5:20-CV-672-BO, 2021 WL 2345014, at *4 (E.D.N.C. June 8,... Continue reading
Posted Jul 7, 2021 at Claims and Bad Faith Law Blog
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HAPPY FOURTH OF JULY observed! PHYSICAL LOSS, PHYSICAL DAMAGE unseen.
"This appeal presents only the question of whether the COVID-19 pandemic and the related government-imposed restrictions constitute direct 'accidental physical loss or accidental physical damage' under the policy." So said the appellate panel in Oral Surgeons, P.C. v. Cincinnati Ins.... Continue reading
Posted Jul 5, 2021 at Claims and Bad Faith Law Blog
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HAPPY FOURTH OF JULY!
Posted Jul 4, 2021 at Claims and Bad Faith Law Blog
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AT DEPARTMENT OF JUSTICE, EVERYTHING IS CHANGING, NOTHING IS NEW.
This article was first published on Claims and Issues Blog on Thursday, July 1, 2021. Reprinted here with permission. Download Brief of the United States in Trump v. Carroll 2d Cir Appeal Case No. 20.3977 filed June 7 2021 Brief... Continue reading
Posted Jul 2, 2021 at Claims and Bad Faith Law Blog
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BAD FAITH IN THE JUSTICE DEPARTMENT?
Posted Jun 30, 2021 at Claims and Bad Faith Law Blog
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MORE ON BAD FAITH LAW REACHING OUT: EXCUSING REMOVAL DELAYS?
The law of bad faith reaches out to many areas of life and law. See the article on other areas touched by bad faith law posted here on Monday, June 28, 2021. In CMR Constr. & Roofing, LLC v. Hartford... Continue reading
Posted Jun 28, 2021 at Claims and Bad Faith Law Blog
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THE LONG ARM OF BAD FAITH LAW.
In a Per Curiam Memorandum decision, a panel of Florida's Third District Court of Appeal spoke volumes by saying little. In Strems Law Firm, P.A. v. Citizens Prop. Ins. Corp., Nos. 3D20-919 & 3D20-920, 2021 WL 2559098 (Fla. 3d DCA... Continue reading
Posted Jun 28, 2021 at Claims and Bad Faith Law Blog
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IMPLIED GOOD-FAITH DUTY, BUT STATUTORY ALLEGED, DISCOVERY NOT ALLOWED.
A U.S. Magistrate Judge in Colorado was not impressed enough with an alleged breach of good-faith duties to allow discovery into the supervision and incentives for the adjusters involved in investigating the claim. In American Ins. Co. v. Pine Terrace... Continue reading
Posted Jun 23, 2021 at Claims and Bad Faith Law Blog
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WORK PRODUCT IMMUNITY IN FIRST-PARTY BAD FAITH (ARSON) CASES.
"There are two divergent bodies of case law governing the application of the work product doctrine to documents prepared by insurers in investigating claims of fire loss thought to be caused by arson. One line of cases holds that litigation... Continue reading
Posted Jun 21, 2021 at Claims and Bad Faith Law Blog
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IT'S NOT THE LAWYERS SO MUCH AS RELIEF THEY REQUEST.
I was wondering how the plaintiffs got rulings so promptly in two cases recently, one in the Sixth Circuit Court of Appeals and the other in the Northern District of Texas. In both cases, the plaintiffs were challenging federal laws... Continue reading
Posted Jun 16, 2021 at Claims and Bad Faith Law Blog
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WITHHOLDING EQUALITY WHILE DEFENDING MAJORITY RULE. OF ECONOMICS, THAT IS.
The American Rescue Plan Act provides a limited amount of money for restaurants to recover from losses they suffered from COVID-19. The money that the Act provides to get restaurants back on their feet has been called a restaurant revitalization... Continue reading
Posted Jun 16, 2021 at Claims and Bad Faith Law Blog
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STOPPING LOW-INCOME ACCESS TO BROADBAND: THIS CANNOT WAIT.
In New York St. Telecomm's Ass'n v. James, No. 2:21-cv-2389 (DRH) (AKT), 2021 WL 2401338 (E.D.N.Y. June 11, 2021), a Senior District Judge brought minorities' broadband access to an abrupt halt. He ruled before the merits and entered a preliminary... Continue reading
Posted Jun 15, 2021 at Claims and Bad Faith Law Blog
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WHO, EXACTLY, DOES JUSTICE REPRESENT? PART TWO
Posted Jun 11, 2021 at Claims and Bad Faith Law Blog
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WHO, EXACTLY, DOES JUSTICE REPRESENT?
Posted Jun 11, 2021 at Claims and Bad Faith Law Blog
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COURTS WRITE LAW, OVERRIDE CONSTITUTION, FOR "SENSITIVE BUSINESS INFORMATION."
Posted Jun 9, 2021 at Claims and Bad Faith Law Blog
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