Tag: bad faith

Deleted Emails Cost Company $3M in SanctionsJan 06, 2017

What happens when a senior vice president ignores a litigation hold and deletes tens of thousands of emails? A $3 million sanction. Click here to read our newest case alert and find out how the Federal District Court of the District of Delaware came to their decision. This case is a reminder that counsel needs to advise corporate clients of the importance of document retention policies and procedures.  

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Florida Supreme Court: Insurer Bad Faith Not Needed for Attorney’s FeesOct 14, 2016

SDV Southeast Managing Partner Gregory Podolak has another new article out this week, this one for Insurance Matters, the newsletter of the Florida Bar’s Insurance and Surety Committee: Florida’s insurance attorney fee recovery statute – Fla. Stat. § 627.428 – has long been a policyholder litigation tool designed to level the playing field between the resource and experience rich insurance industry, and its policyholder counterparts. The latest challenge to its…

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Texas Supreme Court to Determine Scope of Statutory Bad FaithSep 08, 2016

Over the past decade, a barrage of severe storms in Texas resulted in significant property damage, giving rise to thousands of lawsuits by policyholders for breach of contract and bad faith claims against their insurers. Now, the Texas Supreme Court is poised to determine the scope of the state’s bad faith statute. Last week, the Texas Supreme Court agreed to review a case concerning insurance coverage for damage caused by…

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Eighth Circuit Upholds Award for Bad Faith Failure to SettleMay 18, 2016

What happens when an insurance company refuses to listen to its own experts and counsel? An aggressive lawsuit and an expensive bad faith award. In this case, a vehicle driven by an employee of Bamford, Inc. caused a collision that injured another driver. Due to the seriousness of the injuries, Bamford, which was insured by Regent Insurance Company under a $6 million policy, found itself facing a potential exposure of…

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Is Chemical Exposure through Flooring “Chinese Drywall” Round II?Jun 11, 2015

On March 1, 2015, CBS News aired an investigative report on “60 Minutes” regarding formaldehyde exposure levels in Lumber Liquidators Chinese-made laminate flooring. The investigation revealed that all of the tested boxes of Lumber Liquidators’ laminate flooring failed to meet California emissions standards. Exposure levels from the tested flooring were at an average of 6-7 times the standard, with some boxes nearing 20 times the permitted level. Lumber Liquidators is…

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Colorado Bad Faith Statute Unambiguously Applies to CGL PolicyholdersMar 23, 2015

A recent federal court decision reinforces that Colorado’s bad faith statute unambiguously applies to CGL policyholders. Insurers have previously argued that the statute is limited to first party insurance only. CGL policyholders involved in disputes governed by Colorado law should be aware that the statute may provide a remedy if the insurer fails to act in good faith. Read more here from Law360: Nat’l Union Can’t Nix Bad Faith Claims In…

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