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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
In the case of Somethings Fishy Enter's, Inc. v. Atlantic Cas. Ins. Co., Case No. 18-23990-CIV-GOODMAN {CONSENT CASE], ___ F. Supp. 3d ___, 2019 WL 5866823 (S.D. Fla. Nov. 8, 2019) (Goodman, USMJ), a business insured made claims for Hurricane... Continue reading
Posted 3 days ago at Claims and Bad Faith Law Blog
In Villas at Winding Ridge v. State Farm Fire & Cas. Co., No. 19-1731, 2019 WL 5853547 (7th Cir. Nov. 8, 2019) (case involved Indiana substantive law), a condominium association in Indiana sued for breach of contract and bad faith... Continue reading
Posted Nov 14, 2019 at Claims and Bad Faith Law Blog
The Court in Grey Oaks Country Club, Inc. v. Zurich Am. Ins. Co., No.: 2:18-cv-639-FtM-99NPM, 2019 WL 5802513 (M.D. Fla. Nov. 7, 2019) held that where discovery still remains on issues relevant to a pending motion for summary judgment, the... Continue reading
Posted Nov 12, 2019 at Claims and Bad Faith Law Blog
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Cases and Constitutional interpretation have the potential to abolish statutory claims for insurance bad faith: In 2016, the Roberts Court grafted a requirement onto the U.S. Constitution which is not found in it—standing—but which is instead found in the Court's... Continue reading
Posted Nov 7, 2019 at Claims and Bad Faith Law Blog
In Hamilton v. Bayer Healthcare Pharm. Inc., No. CIV-18-1240-C, 2019 WL 5295201 (W.D. Okla. Oct. 18, 2019), nationally renowned insurance expert Allen Windt was not permitted to testify to opinions on Oklahoma insurance bad faith because his opinions were not... Continue reading
Posted Nov 5, 2019 at Claims and Bad Faith Law Blog
The Uniform Mortgage Instruments written and distributed by Fannie Mae and Freddie Mac for almost all homes with a mortgage in the United States have provisions for attorney's fees for the mortgage lenders. These provisions are written for two purposes... Continue reading
Posted Oct 31, 2019 at Claims and Bad Faith Law Blog
The general rule in the Middle District of Florida, with some exceptions, has been that if a Florida statutory bad faith claim under Fla. Stat. § 624.155 is premature, the defendant's remedy is to have it abated rather than dismissed.... Continue reading
Posted Oct 29, 2019 at Claims and Bad Faith Law Blog
There are many things to say about the rulings in the Szafarowicz case. Commerce Ins. Co. v. Szafarowicz, 131 N.E.3d 782 (Mass. October 1, 2019). A special feature of the case was discussed in an article posted here on October... Continue reading
Posted Oct 24, 2019 at Claims and Bad Faith Law Blog
The Supreme Judicial Court of Massachusetts has rendered a decision that has many features, all of them interesting and some of them moving. The complicated background of the decision in this case is thoroughly explored by Nina E. Kallen, Esquire... Continue reading
Posted Oct 22, 2019 at Claims and Bad Faith Law Blog
I left the following Comments among others today on www.regulations.gov. You can too! Leave your own Comments, whatever they may be, on that website with the Docket Info and RIN below. Be heard! Friday, October 18, 2019 TO: The Department... Continue reading
Posted Oct 18, 2019 at Claims and Bad Faith Law Blog
I left the following Comments among others today on www.regulations.gov. You can too! Leave your own Comments, whatever they may be, on that website with the Docket Info and RIN below. Be heard! Thursday, October 17, 2019 TO: The Department... Continue reading
Posted Oct 17, 2019 at Claims and Bad Faith Law Blog
I left the following Comments among others today on www.regulations.gov. You can too! Leave your own Comments, whatever they may be, on that website with the Docket Info and RIN below. Be heard! Thursday, October 17, 2019 TO: The Department... Continue reading
Posted Oct 17, 2019 at Claims and Bad Faith Law Blog
The Third Circuit recently applied Pennsylvania law to hold that there is no duty to defend under a Commercial General Liability Policy where there is no "accident" and so there is no "occurrence." Sapa Extrusions, Inc. f/k/a Alcoa Extrusions, Inc.... Continue reading
Posted Oct 17, 2019 at Claims and Bad Faith Law Blog
Comments to the Department of Housing and Urban Development's proposal to eliminate proof of discrimination by proving disparate impact are due Friday, October 18, 2019. The HUD proposal would effectively reduce all proof of discrimination to direct proof of intent,... Continue reading
Posted Oct 15, 2019 at Claims and Bad Faith Law Blog
This is a postscript to an article posted here on October 3, 2019. "With every decision, the judge has to weigh the risk of being fired against the oath of office he or she has taken. And we have already... Continue reading
Posted Oct 10, 2019 at Claims and Bad Faith Law Blog
Jerry Falwell, Jr. and his wife were sued by a pool boy over their investment in a gay youth hostel in Miami. The pool boy complained that he was denied an "ownership stake" in the investment. The incident was infamous.... Continue reading
Posted Oct 8, 2019 at Claims and Bad Faith Law Blog
When people involved in lawsuits, including large corporations and individuals and children, cannot depend on getting a fair shake because the judge is afraid of ruling in their favor, that is the essence of bad faith. There are reports right... Continue reading
Posted Oct 3, 2019 at Claims and Bad Faith Law Blog
Nationstar Mortgage LLC sued Radian Guaranty Inc. Nationstar alleged claims "for breach of contract, unjust enrichment, conversion and bad faith." The factual basis of these claims is succinctly stated at the beginning of the Court's opinion: Nationstar contends that Radian... Continue reading
Posted Oct 1, 2019 at Claims and Bad Faith Law Blog
In People's Trust MGA, LLC v. Pesta, ___ So. 3d ___, 2019 WL 4458813 (Fla. 4th DCA September 28, 2019), one of Florida's District Courts of Appeal held that failure to challenge rates or rating plans through the Florida Office... Continue reading
Posted Sep 26, 2019 at Claims and Bad Faith Law Blog
NOT WHETHER THEY WORK OR ARE CAPABLE OF WORKING. OTHER PROGRAMS FOCUS ON THAT. NOT THIS ONE. Bad faith breach of fiduciary obligations occurs in many fields besides insurance. Bad faith appears whenever individuals or organizations benefit themselves at the... Continue reading
Posted Sep 24, 2019 at Claims and Bad Faith Law Blog
Newspaper reporters write that the people currently in charge of the federal government are also in charge of California, at least when it comes to automobile pollution. Newspaper headlines blare that the current regime is going to "scrap" or "revoke"... Continue reading
Posted Sep 19, 2019 at Claims and Bad Faith Law Blog
The first of two articles about the same case discussed below, was posted here on September 12, 2019. This is the second article on the subject of the invasion of privacy Multi-District Litigation against Facebook pending in the Northern District... Continue reading
Posted Sep 17, 2019 at Claims and Bad Faith Law Blog
Facebook has been sued for invasion of privacy. The plaintiffs' allegations "stem[] from the Cambridge Analytica scandal," and their alleged class action "is about Facebook's practice of sharing its users' personal information with third parties." In re: Facebook, Inc., Consumer... Continue reading
Posted Sep 12, 2019 at Claims and Bad Faith Law Blog
In Castillo v. Johnson, No. CV-17-04688-PHX-DRY, 2019 WL 4222289, at *1 (D. Ariz. September 5, 2019), a group that the federal judge called "the Bribery Defendants" were sued for racketeering, unjust enrichment, and "conspiring to unlawfully raise utility rates through... Continue reading
Posted Sep 10, 2019 at Claims and Bad Faith Law Blog
Some policies of U.S. Citizenship and Immigration Services (USCIS) may appear to be puzzling at first glance, until you suspect the common denominator hidden among them. These puzzling policies include denying automatic citizenship to the children of soldiers, sailors, marines... Continue reading
Posted Sep 5, 2019 at Claims and Bad Faith Law Blog