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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 2017 Congress passed what it called the Tax Cuts and Jobs Act. One section of it affected the ACA's individual mandate. It did not repeal it, but it levelled the tax involved to zero dollars. The 2017 law ("TCJA")... Continue reading
Posted 2 days ago at Claims and Bad Faith Law Blog
Just because lawyers and their clients have agreed to keep things a secret does not mean that the Courts must keep those things secret now, let alone for all time. "Specifically, parties often disregard the precedent that holds, the fact... Continue reading
Posted 4 days ago at Claims and Bad Faith Law Blog
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Damages under the Florida Bad Faith Statute have been held to be separate and distinct from damages settled in Mediation after an Appraisal. The holding came in a case with some unique features which may blur the broad outlines of... Continue reading
Posted Jan 9, 2020 at Claims and Bad Faith Law Blog
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Damages in an insurance bad faith action can be different from damages under Underinsured Motorist Coverage. In Palmer v. Owners Ins. Co., No. 18-cv-01953-JLK, 2019 WL 7370372, at *3 (D. Colo. Nov. 6, 2019), the plaintiffs-policyholders of UIM Coverage, claimed... Continue reading
Posted Jan 7, 2020 at Claims and Bad Faith Law Blog
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HAPPY NEW YEAR FROM THE FIFTH CIRCUIT COURT OF APPEALS! In another case, a separate panel of the Fifth Circuit again issued a 2-to-1 ruling on the law. The panel decision is In re Willis (Tower Loan of Mississippi, L.L.C.... Continue reading
Posted Dec 31, 2019 at Claims and Bad Faith Law Blog
The two judges in the majority did not affirm the entire ruling all at once. They did not want the Supreme Court to decide the appeal during the 2020 election. See Sun Sentinel Editorial, Obamacare Ruling Deserves to Take Center... Continue reading
Posted Dec 31, 2019 at Claims and Bad Faith Law Blog
MERRY CHRISTMAS AND HAPPY HANUKKAH! In Castillo v. Johnson, No. CV-17-04688-PHX-DLR, 2019 WL 6827472 (D. Ariz. Dec. 13, 2019), the defendants asked for a do-over but they would probably word things differently next time. On the surface, the defendants filed... Continue reading
Posted Dec 24, 2019 at Claims and Bad Faith Law Blog
On December 18, 2019 two judges of the Fifth Circuit Court of Appeals decided two things. First, they affirmed a lower court's announced decision to gut the Affordable Care Act's requirement to purchase health insurance, the so-called "individual mandate." Second,... Continue reading
Posted Dec 19, 2019 at Claims and Bad Faith Law Blog
In Cooper v. Federated Nat'l Ins. Co., No. 5D18-2585, 2019 WL 6794250 (Fla. 5th DCA December 13, 2019) (stated Not Final Until Officially Released for Publication in Permanent Law Reports), a Florida intermediate appellate court issued a ruling that so... Continue reading
Posted Dec 17, 2019 at Claims and Bad Faith Law Blog
Recently it was held that RICO, the Racketeer Influenced and Corrupt Organizations Act, was not available against an insurance company. In that case, Sbrocco v. Hartford Ins. Co., No. 2:19-cv-59-FtM-99NPM, 2019 WL 3802458 (M.D. Fla. August 13, 2019), the plaintiff... Continue reading
Posted Dec 12, 2019 at Claims and Bad Faith Law Blog
It was held in an insurance case earlier this year that RICO was "reverse preempted" by the McCarran-Ferguson Act. This decision meant that the insurance issues could not be litigated in that action because they were matters relegated to the... Continue reading
Posted Dec 10, 2019 at Claims and Bad Faith Law Blog
In answer to two certified questions, the Supreme Court of Washington has unanimously given us enough material to fill books. This will be the second of two posted articles addressing these answers. The first article was posted here on Tuesday,... Continue reading
Posted Dec 5, 2019 at Claims and Bad Faith Law Blog
In answer to two certified questions, the Supreme Court of Washington has unanimously given us enough material to fill books. This will be the first of two posted articles addressing these answers. The second article will be posted here later.... Continue reading
Posted Dec 3, 2019 at Claims and Bad Faith Law Blog
Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings. See The Federalist No. 51 (James Madison); The Federalist No. 69 (Alexander Hamilton); 1 Alexis de Tocqueville, Democracy in America... Continue reading
Posted Nov 26, 2019 at Claims and Bad Faith Law Blog
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 Nov 19, 2019 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