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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
NO, actually, THEY are TAKING YOUR HEALTHCARE COVERAGE AWAY: II.
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
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SECRECY IS DECIDED BY GOOD CAUSE, COMPELLING REASONS, NOT AGREEMENTS.
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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PAYMENT OF APPRAISAL AWARD NO DEFENSE TO BAD FAITH CLAIM.
Posted Jan 9, 2020 at Claims and Bad Faith Law Blog
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UIM COVERAGE, BAD FAITH DAMAGES, LOST INCOME AND CONSORTIUM.
Posted Jan 7, 2020 at Claims and Bad Faith Law Blog
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ANOTHER EMBARRASSING 2-TO-1 FIFTH CIRCUIT RULING.
Posted Dec 31, 2019 at Claims and Bad Faith Law Blog
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THE INEXPLICABLE FIFTH CIRCUIT ACA DECISION EXPLAINED AT LAST.
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
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MOTION TO CERTIFY QUESTION DENIED: FILED RATE DOCTRINE IS FILE -30-.
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
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AFFORDABLE CARE ACT AND "JUDICIAL OVERREACH": GUNNED DOWN IN TEXAS.
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
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JURY INSTRUCTION FOR UNIFORM UNFAIR AND DECEPTIVE INSURANCE PRACTICES ACT.
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
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The Racketeer Influenced and Corrupt Organizations Act. No, Not Him.
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
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"REVERSE PREEMPTION" OF RICO IN all INSURANCE CASES?
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
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"THOSE WHO HAVE EARS TO HEAR, LET THEM HEAR."
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
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"THOSE WHO HAVE EYES TO SEE, LET THEM SEE."
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
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THE McGAHN DECISION: WHAT THE JUDGE ACTUALLY RULED.
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
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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 Nov 19, 2019 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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