Revising California’s Jury Instructions on Bad Faith Failure to Settle: Should a Settlement Demand Be Necessary?

Nov 3, 2016 By: John K. DiMugno

This post explores whether CACI No. 2334’s requirement of a formal settlement demand should be abandoned.

Revising California’s Jury Instructions on Bad Faith Failure to Settle: Does Focusing on the Reasonableness of the Insurer’s Decision Raise the Specter of Summary Judgment in Bad Faith Failure to Settle Cases?

Nov 1, 2016 By: John K. DiMugno

This post examines whether making unreasonable insurer conduct an element of a bad faith failure to settle claim affects the ability of insurers to dispose of such claims on summary judgment before trial.

Revising California’s Jury Instructions on Bad Faith Failure to Settle: Should There Be a Second Reasonableness Inquiry?

Oct 27, 2016 By: John K. DiMugno

This post argues that focusing exclusively on the reasonableness of the claimant’s settlement demand effectively makes bad faith failure to settle a strict liability tort in violation of California law.

Revising California’s Jury Instructions on Insurance Bad Faith: Tort Liability for Unreasonable Settlement Decisions

Oct 25, 2016 By: John K. DiMugno

Today’s post discusses the second, and more controversial, revision to the Judicial Council of California Civil Jury Instructions on insurance bad faith: Proposed changes to CACI No. 2334 on a liability insurer’s bad faith failure to settle.

Revising California’s Jury Instructions on Insurance Bad Faith: The Nature of the Tort of Insurance Bad Faith

Oct 3, 2016 By: John K. DiMugno

My last post discussed briefly two significant revisions to the Judicial Council of California Civil Jury Instructions (CACI) on insurance bad faith.

Revising California’s Jury Instructions on Insurance Bad Faith: Are the Twin Goals of Accuracy and Understandability in Conflict?

Sep 23, 2016 By: John K. DiMugno

California’s Civil Jury Instructions Advisory Committee’s recent proposals to amend the CACI instructions on insurance bad faith proved contentious.

Eighth Circuit Allows Coverage for Wire Transfer Fraud after Employee Leaves Bank’s Computers Vulnerable to Cyber Attack

Jul 13, 2016 By: John K. DiMugno

The Eighth Circuit’s recent State Bank of Bellingham v. BankInsure, Inc., decision is likely to be studied closely by lawyers litigating coverage for cyber attacks under Financial Institution Bonds.

California Supreme Court Decision Insulates Managed Care Organizations from Liability for Elder Abuse

Jun 30, 2016 By: John K. DiMugno

A recent California Supreme Court decision has substantially limited the reach of the Elder Abuse Act.

California Supreme Court Adds Clarity to U.S. Supreme Court’s Guideposts for Evaluating Constitutionally of Punitive Damages Awards in Insurance Bad Faith Case

Jun 21, 2016 By: John K. DiMugno

California Supreme Court adds clarity to U.S. Supreme Court’s guideposts for evaluating constitutionally of punitive damages awards in insurance bad faith cases.

ERISA Beneficiary’s Dissipation of Settlement Proceeds Precludes ERSIA Plan Health Insurer from Enforcing Its Reimbursement Rights

Mar 25, 2016 By: John K. DiMugno

In a victory for insureds and personal injury claimants, the Supreme Court recently created a exception to the general rule in favor of enforceability of reimbursement rights against a plaintiff’s general assets.

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