Tag Archives: bad faith

Counterfactual Thought Experiments Do Not Establish Bad Faith in New York

The title above is taken from a quote found in a recent Second Circuit non-precedential summary order in an insurance bad faith case.  Bad faith is not easy to establish in New York.  Strategic differences between an insurance company and its insured over whether, how and when to settle an underlying case generally do not … Continue Reading

Insurable Interest and Life Insurance

There’s lots that has been and will be written about the changes in the definition of insurable interest in the context of life insurance. Traditionally, an owner of a life insurance policy had to have an insurable interest in the life of the person insured. Typically that meant the policyholder herself, or her spouse or … Continue Reading

Sometimes an Insurance Policy Provision Means What It Says

Consent to settle clauses are fairly typical in insurance policies. Basically, a typical consent to settle clause provides that “no claims expenses shall be incurred or settlements made, contractual obligations assumed or liability admitted with respect to any claim without the insurer’s written consent, which shall not be unreasonably withheld.” So what happens if the … Continue Reading
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