INSURANCE COVERAGE LITIGATION Gena L. Sluga Harper, Christian, Dichter & Sluga I. AVAILABLE CAUSES OF ACTION Insurance coverage disputes can be pleaded in a variety of different ways, depending on the situation involved and the goals of the litigants. Insurance coverage lawsuits can be filed as declaratory relief actions, but also can sound in contract [...]
The Devil is in the Details:A Practical Overview of Notice, Tender, and Reservation-of-Rights Letters
Continuing Bad Faith: Theory of Liability or Rule of Evidence? Douglas L. Christian Nathan D. Meyer I. Introduction Not often does a concept’s name obfuscate its meaning. “Continuing bad faith,” however, is much more than its name implies. An insurer’s duty of good faith is pervasive and its application to claim handling has matured into [...]
The recent Court of Appeals case, McReynolds v. American Commerce Ins. Co., addressed an issue of first impression in Arizona insurance law: whether an insurer facing multiple claims in excess of its policy limits can satisfy its duty to equal consider settlement offers by promptly interpleading its policy limits while continuing to provide a defense to [...]
