Author Todd Schenk

Victory for Florida Policyholders Destined to Be Short-Lived

Some commentators are suggesting that the Florida Supreme Court’s ruling yesterday in Sebo v. American Home Assurance Co. was an important “win” for policyholders. On some levels that is true, but the victory may prove fleeting. The Florida high court… Continue Reading →

Down the Slippery Slope of Bad Faith Discovery

In bad faith lawsuits, policyholders often seek discovery of other claims involving allegations of bad faith. Such discovery is not relevant and should be uniformly denied. The mere fact that some other claim resulted in a finding of bad faith… Continue Reading →

Methods of Calculating Actual Cash Value of a Claim

Tressler LLP is pleased to present the updated 50 State Survey on “Methods of Calculating Actual Cash Value of a Claim,” published by Todd Schenk, Todd Rowe and Aon Hussain. Many property insurance policies provide for payment of a claim… Continue Reading →

Illinois Appellate Court Holds Mortgage Clause Trumps Vacancy Condition

In Old Second Nat’l Bank v. Indiana Ins Co., 2015 IL App (1st) 140265 (Ill. App. Ct. 1st Dist. 2015), the Illinois Appellate Court for the First District upheld summary judgment in favor of a mortgage holder, finding a standard… Continue Reading →

Bad Faith Claim Supported by Evidence That Insurer Tried to “Overwhelm” and “Frustrate” an Insured

By way of its declaratory judgment complaint filed in Great American Ins. Co. v. GRM Management, LLC, 2014 U.S. Dist. LEXIS 164147 (E.D. Vir. Nov. 24, 2014), Great American sought a declaration that no coverage was owed to its insureds… Continue Reading →

Where the Insured’s Material Misrepresentations Void the Policy, the Insurer Cannot Be Liable for Bad Faith

In Wright v. Grange Mut. Cas. Co., No. 3:13-CV-00747, 2015 U.S. Dist. LEXIS 35733 (W.D. Ky. March 23, 2015), the insured owned a U.S. Tobacco Outlet convenience store in Kentucky that sold tobacco products and accessories. On July 2, 2011,… Continue Reading →

Washington Federal Court: Pre-Denial Communications Between Insurer and Its Counsel Protected, as Long as It Is Clear That Privilege Applies

In MKB Constructors v. Am. Zurich Ins. Co., No. C13-0611, 2014 U.S. Dist. LEXIS 78883 (W.D. Wash. May 27, 2014), the District Court followed federal law, rather than Washington state court precedent, to find the insurance company had established that… Continue Reading →

New York State Court: Claim Investigation Documents Prepared Prior to Denial Are Discoverable, Regardless of Attorney Involvement

In National Union Fire Insurance Co. of Pittsburgh, Pa. v. TransCanada Energy USA, Inc., 114 A.D.3d 595, 981 N.Y.S.2d 68 (N.Y. App. Div. 1st Dep’t Feb. 25, 2014), the Appellate Division in Manhattan upheld the lower court’s rejection of the… Continue Reading →

Florida Court Finds Potential Coverage Defenses Waived When Insurer Fails to Inform Insured of Its Entire Coverage Position as Soon as Possible

The Florida Second District Court of Appeal recently concluded that an insurer’s failure to bring a policy provision to its insured’s attention waived the insurer’s right to rely on that provision. In Axis Surplus Insurance Company v. Caribbean Beach Club… Continue Reading →

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