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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
WHO RUNS THE RISK OF LIABILITY FOR INSURER BAD FAITH?
This question was addressed in a federal case in the Southern District of Georgia in Simmons v. Harleysville Insurance Co., No. 4:18-cv-55, 2019 WL 1922048 (S.D. Ga. February 19, 2019). Specifically, the Court in that case addressed a Georgia statute... Continue reading
Posted yesterday at Claims and Bad Faith Law Blog
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UPDATE TO THE FEDS APPLY FILED-RATE DOCTRINE TO STATE-REGULATED INSURANCE.
This updates an article posted here on July 7, 2020. The Leo case reported in an earlier article posted here, THE FEDS APPLY FILED-RATE DOCTRINE TO STATE-REGULATED INSURANCE, has now been reported at 964 F.3d 213. Please read the disclaimer.... Continue reading
Posted 6 days ago at Claims and Bad Faith Law Blog
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IMPLAUSIBLY DENYING PAID CLAIMS. The...
IMPLAUSIBLY DENYING PAID CLAIMS. The "plausibility" standard for stating a claim upon which relief can be granted in federal court has filed an appearance in an alleged breach of contract case based on denying covered insurance claims: Here, Counterclaim Plaintiffs... Continue reading
Posted 6 days ago at Claims and Bad Faith Law Blog
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THE QUESTION OF BAD FAITH: WHERE IS THE FAULT?
Courts have held that extracontractual liability (meaning in essence liability beyond the usual contract damages) can exist in first-party insurance cases even when an appraisal was timely paid, for example, but the claim itself was not timely paid. The Texas... Continue reading
Posted Jul 28, 2020 at Claims and Bad Faith Law Blog
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NO COVERAGE, NO BAD FAITH.
To state it simply, it is almost universally held in the United States that where there is no insurance coverage, there is no bad faith. See, e.g., Mounier v. RLI Corp., No. CV-19-01778-PHX-GMS, 2020 WL 263597, at *3 (D. Ariz.... Continue reading
Posted Jul 23, 2020 at Claims and Bad Faith Law Blog
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EXPERTS' INTERPRETATIONS EXCLUDED: THE REBUTTAL EXPERIENCE.
Proffered opinions of experts based on interpretation of insurance policies may fare better when they are offered in rebuttal to the opinions of the other side's experts. A recent case involved "putative class action" claims that an insurance carrier allegedly... Continue reading
Posted Jul 21, 2020 at Claims and Bad Faith Law Blog
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BAD FAITH IN ARMED OCCUPATION.
"NEVER, EVER BE AFRAID TO MAKE SOME NOISE AND GET IN GOOD TROUBLE, NECESSARY TROUBLE."* AN OPEN MEMORANDUM: TO: THE HONORABLE ELLEN ROSENBLUM, ATTORNEY GENERAL OF THE STATE OF OREGON. FROM: DENNIS J. WALL. DATE: SUNDAY, JULY 19, 2020. RE:... Continue reading
Posted Jul 20, 2020 at Claims and Bad Faith Law Blog
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EXPERTS' INTERPRETATIONS EXCLUDED.
Posted Jul 16, 2020 at Claims and Bad Faith Law Blog
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IF YOU DON'T LIKE A STATUTE: 1. GET VOTES, 2. CHANGE.
I have left the following Comments this morning on regulations.gov. These Comments address the proposed neutering of asylum law in the United States through proposed rules and regulations. The deadline for Comments is tomorrow. Leave your own Comments. Feel free... Continue reading
Posted Jul 14, 2020 at Claims and Bad Faith Law Blog
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DISCOVERING THE FINANCIAL INFORMATION OF AN EXPERT WITNESS.
"The financial information of an expert witness is squarely within the scope of discovery if its purpose is to uncover potential bias." In re Jackson (Estate of Jackson v. Billingslea), No. 18-10400, 2019 WL 2743750, at *2 (E.D. Mich. July... Continue reading
Posted Jul 14, 2020 at Claims and Bad Faith Law Blog
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WHEN DISCOVERY WAS PREMATURE IN THE MIDDLE...
WHEN DISCOVERY WAS PREMATURE IN THE MIDDLE DISTRICT OF FLORIDA. "The Court finds that the entry of summary judgment on damages is premature when the parties have not yet completed discovery that could have a bearing on the issue." Grey... Continue reading
Posted Jul 9, 2020 at Claims and Bad Faith Law Blog
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THE FEDS APPLY FILED-RATE DOCTRINE TO STATE-REGULATED INSURANCE.
As this article is posted, the most recent application of the filed-rate doctrine to an insurance case has come once again through the pen of a federal judge in a federal case. The case is Leo v. Nationstar Mort. LLC,... Continue reading
Posted Jul 7, 2020 at Claims and Bad Faith Law Blog
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WRITING STIPULATED PROTECTIVE ORDERS: AN ART WITH MANY FOLLOWERS.
One of the reasons that Stipulated Protective Orders all tend to look alike even though they are submitted to different judges and magistrates in different cases, is that Stipulated Protective Orders are available on PACER (Public Access to [Federal] Court... Continue reading
Posted Jul 2, 2020 at Claims and Bad Faith Law Blog
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USING "THE FOUR-CORNERS RULE" TO DECIDE BREACHED DEFENSE DUTY.
The Supreme Court of Wisconsin took a break from its elections work this year and held that in deciding a liability insurance carrier's duty to defend ... ... a court is bound by the four-corners rule when deciding whether the... Continue reading
Posted Jun 30, 2020 at Claims and Bad Faith Law Blog
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If you do not help, who will?
This article will publish my Comments to the second of two Oklahoma applications for a "demonstration" or waiver of compliance with Medicaid law. I just published my Comments to the first Oklahoma application, along with a description of how to... Continue reading
Posted Jun 26, 2020 at Claims and Bad Faith Law Blog
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STAND YOUR GROUND AGAINST ABUSES OF THE POOR.
Oklahoma has filed two applications to be relieved of many of its Medicaid obligations under federal law. Oklahoma has applied -- two times -- for authority to provide its own version of ensuring health coverage to low-income people using federal... Continue reading
Posted Jun 26, 2020 at Claims and Bad Faith Law Blog
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ANOTHER TAKE: NO DUTY TO DEFEND ASSAULT AND BATTERY.
A panel of the Sixth Circuit Court of Appeals said in a 2-to-1 decision that it was not able to find any Kentucky State Court cases saying that an answer to the question of a duty to defend should include... Continue reading
Posted Jun 25, 2020 at Claims and Bad Faith Law Blog
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DECLARING A THING "CONFIDENTIAL" IS NOT ENOUGH.
It is getting a little harder to get judges to sign Stipulated Protective Orders in some courts. "Designation as 'Confidential' is not sufficient, as that is merely the parties' initial designation of confidentiality to establish coverage under the stipulated protective... Continue reading
Posted Jun 24, 2020 at Claims and Bad Faith Law Blog
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DUTY TO DEFEND AN ARBITRATION?
A commercial general liability (CGL) carrier had a duty to defend its policyholder in an arbitration, the court held in Gemini Ins. Co. v. Constrx Ltd., 360 F. Supp. 3d 1055 (D. Haw. 2018). As the Court read the liability... Continue reading
Posted Jun 23, 2020 at Claims and Bad Faith Law Blog
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WHAT IS "INJURY IN FACT" IN A FEDERAL INSURANCE CASE?
A federal court decided in 2019 that "injury in fact" for standing purposes in federal court is effectively the same thing as the plausbility of stating a claim. On a motion to dismiss, the federal court explained its ruling in... Continue reading
Posted Jun 18, 2020 at Claims and Bad Faith Law Blog
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GREED HAS CONSEQUENCES: PHARMAS CHARGE MORE, YOU PAY HIGHER PREMIUMS.
Pharmas are charging up to $2,315.00 apiece to give patients coronavirus tests. "But American patients will eventually bear the costs of these expensive tests in the form of higher insurance premiums." The whole greedy story is reported in today's news.... Continue reading
Posted Jun 17, 2020 at Claims and Bad Faith Law Blog
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IS INSURANCE BAD FAITH TOO DIFFICULT FOR 21st CENTURY JOURNALISM?
Insurance bad faith may be too difficult for 21st Century Journalism. Hear what I have to say and decide for yourself. My example is taken from the Code of Federal Regulations. I will not embarrass you by telling you the... Continue reading
Posted Jun 16, 2020 at Claims and Bad Faith Law Blog
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WHAT IS A "GENERAL BUSINESS PRACTICE" ACTIONABLE UNDER INSURANCE STATUTES?
In 2019, the highest court in New York State held that at least one thing is not a recognized "general business practice": "On this appeal, we conclude that a general business practice of failing to promptly disclose coverage within the... Continue reading
Posted Jun 11, 2020 at Claims and Bad Faith Law Blog
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EXPERT TRIAL JUDGE HELD NOT EXPERT NEGOTIATING GOOD FAITH SETTLEMENTS.
A former trial judge's expert testimony was excluded on the issue of negotiating good faith settlements in Columbia Cas. Co. v. Ironshore Specialty Ins. Co., C.A. No. 15-197 WES, 2019 WL 2176306 (D.R.I. May 20, 2019). To be fair, the... Continue reading
Posted Jun 10, 2020 at Claims and Bad Faith Law Blog
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APPOINTING INDEPENDENT COUNSEL IN ILLINOIS.
In 2019 an Illinois District Court of Appeal used an established test to decide whether an insured has a right to its own independent counsel at the expense of the liability carrier. The case is Xtreme Protection Services, LLC v.... Continue reading
Posted Jun 4, 2020 at Claims and Bad Faith Law Blog
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