Implications of Allowing Unfair Competition Law Claims for Bad Faith Claims Handling: Zhang v. Superior Court

Sep 16, 2013 By: John K. DiMugno

The California Supreme Court’s decision in Zhang v. Superior clarified the circumstances in which a policyholder can sue an insurer under the California Unfair Competition Law. Today’s post elaborates on the practical implications of the court’s decision.

Zhang v. Superior Court: A New Statutory Bad Faith Claim?

Sep 12, 2013 By: John K. DiMugno

The recent Zhang California Supreme Court decision rejects the insurance industry’s argument that an earlier ruling shields insurers from statutory liability for unfair claims practices.

Practical problems with Pennsylvania’s new approach to control of settlement decisions

Sep 3, 2013 By: John K. DiMugno

My last post discussed the option afforded insureds under Babcock & Wilcox Company v. American Nuclear Insurers, __ A.3d __, 2013 WL

Pennsylvania Appellate Court Charts New Approach to Control of Settlement Decisions

Aug 29, 2013 By: John K. DiMugno

My last post examined the theoretical and practical obstacles to wrestling control of settlement decisions from insurance companies. This post discusses the

The Battle between Insurers and Insureds for Control of Settlement Decisions

Aug 26, 2013 By: John K. DiMugno

Liability insurance has been described as the fuel that drives the American tort system. The aptness of this metaphor is nowhere more

Insurance Coverage for Construction Defects in South Carolina: The Construction Industry’s Next Move

Aug 22, 2013 By: John K. DiMugno

My last post discussed the South Carolina Supreme Court’s recent decision in Bennett & Bennett Construction v. Auto Owners Insurance Co., __

Insurance coverage for construction defects in South Carolina: The supreme court v. the legislature

Aug 21, 2013 By: John K. DiMugno

In South Carolina, the state supreme court and the legislature have been locked in a battle over which branch of the government

Vance v. Ball State University: U.S. Supreme Court Decides When Employers Are Vicariously Liable for Workplace Harassment

Aug 13, 2013 By: John K. DiMugno

My last post discussed University of Texas Southwestern Medical Center v. Nassar, __ U.S. __, 133 S.Ct. 2517 (June 24, 2013), in

Judicial Restraint Unbound: University of Texas Southwestern Medical Center v. Nassar

Aug 9, 2013 By: John K. DiMugno

In business and employment matters, a sharp ideological divide has developed on the United States Supreme Court. The five Justices appointed by

Is the Relief Sought in Securities Fraud Lawsuits a Covered “Loss” under the Defendant’s D&O Policy?

Aug 2, 2013 By: John K. DiMugno

The Seventh Circuit’s decision in  Level 3 Communications, Inc. v. Federal Insurance Company, that the “standard damages relief in a securities-fraud case”

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