Last week, a divided Florida Supreme Court strengthened policyholders’ bad-faith claims against insurers by overturning an appellate court’s decision, finding that the lower court had misapplied Florida’s well-established bad-faith precedent and had relied on inapplicable federal case law. Continue Reading Florida Supreme Court strengthens policyholders’ bad-faith claims

Last week, the Oregon Supreme Court made it just a little easier for an insured to recover the attorney fees that it has been forced to spend in compelling an insurer to pay up. In Long v. Farmers Ins. Co. of Oregon, the Supreme Court resolved an old ambiguity about what “recovery” means under the fee-shifting rule in Oregon’s insurance statutes. This decision should put to rest at least one opportunity for gamesmanship by insurers in Oregon. Continue Reading A “recovery” against insurers in Oregon does not require a money judgment

A recent opinion from the Arizona Court of Appeals demonstrates the importance of being aware of varying states’ insurance laws. In Callies v. United Heritage Prop. & Cas. Ins. Co. (Mar. 18, 2014), the insureds, a husband and wife who lived in Oregon, were in the middle of a move to Arizona when their moving van and all of its contents were stolen. Their homeowner’s policy covered theft of personal property “while it was anywhere in the world.” At first, the insurer accepted coverage, leading the insureds to believe that only the valuation of their belongings stood between them and recovering for their loss.  Continue Reading Choice-of-Law Analysis Makes All the Difference in “First Party” Bad-Faith Case