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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
SOMETHINGS FISHY, DECIDED IN THE SOUTHERN DISTRICT OF FLORIDA.
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
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'INDEPENDENTLY REPLACING SHINGLES DID NOT MEAN CARRIER SHOULD PAY.'
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
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COMPLETE MATERIAL DISCOVERY, THEN MAYBE NO GENUINE MATERIAL FACT ISSUES.
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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INJURY IN FACT AND INSURANCE BAD FAITH STATUTES.
Posted Nov 7, 2019 at Claims and Bad Faith Law Blog
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EXPERT'S FAILURE TO "REFINE OPINIONS" TO LOCAL LAW EXCLUDES THEM.
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
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TRICK OR TREAT! ATTORNEY'S FEES FOR THE REST OF US.
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
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PREMATURE FLORIDA STATUTORY BAD FAITH CLAIM? THIS TIME DISMISS, NOT ABATE.
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
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RECOVERING POLICY LIMITS WITHOUT COVERAGE.
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
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COURAGE, INSURANCE COVERAGE, AND STIPULATED SETTLEMENTS IN MASSACHUSETTS.
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
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THE DISPARATE IMPACT OF INSURANCE COMPANIES ON THE HUD REGULATION.
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
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RESISTING UNAUTHORIZED BURDENS AND SPURIOUS DEFENSES.
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
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FIGHTING DISAPPEARING DISPARATE IMPACT DISCRIMINATION IN HOUSING.
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
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NO PENNSYLVANIA CGL DUTY TO DEFEND: NO "OCCURRENCE," NO "ACCIDENT."
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
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COMMENTS TO HUD PROPOSAL TO ELIMINATE DISPARATE IMPACT PROOF DUE FRIDAY 10.18.19.
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
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When Judges Say They're "Afraid of Being Fired" For Rulings: A Postscript.
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
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TOO MUCH SECRECY MAKES FALWELLS OF US ALL.
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
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When Judges Say "Afraid of Being Fired" For Their Rulings.
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
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BAD FAITH IN PENNSYLVANIA MORTGAGE INSURANCE: 5,246 TIMES.
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
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EXHAUSTING ADMINISTRATIVE REMEDIES REQUIRED TO CHALLENGE FLORIDA INSURANCE RATE.
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
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FOOD STAMP PROGRAM IS ABOUT WHETHER PEOPLE HAVE ENOUGH TO EAT, ...
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
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REPORTS OF THE DEATH OF CALIFORNIA EMISSIONS STANDARDS ARE PREMATURE.
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
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FACEBOOK, MEET THY CAMBRIDGE ANALYTICA MATCH. Part Two.
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
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FACEBOOK, MEET THY CAMBRIDGE ANALYTICA MATCH. Part One.
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
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STATE FILED RATE DOCTRINES BELONG TO THE STATES, NOT FEDS.
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
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"IT'S THE QUOTA, STUPID."
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
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