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Negligence Standard Applies, Says Judge
In a significant victory for plaintiffs, a federal judge has ruled that a negligence standard applies in 'excess verdict bad faith' suits against insurance companies whose refusal to settle a claim results in a verdict in excess of the policy limits.
The ruling in Schubert v. American Independent Insurance Co. is a victory for attorneys Joseph F. Roda and Eric L. Keepers of Roda & Nast in Lancaster, PA. Their client is the bankruptcy trustee for a man who was hit with a $2.6 million verdict in an auto accident case after his insurer rejected an offer to settle for $15,000. Early in the case, Roda and Keepers asked Senior U.S. District Judge Clarence C. Newcomer for a ruling on the standard of care in excess verdict bad faith cases. In their brief, the plaintiff's lawyers argued that while the concept of filing such suits has been recognized for nearly half a century, the state and federal courts 'have not always been consistent' in describing the standard to be applied. Nonetheless, they said, a clear theme emerged from the case law that pointed to a simple answer: negligence.
In some cases, they said, the insurer's duty is described as an obligation to act 'in good faith and with due care.' Other cases say the insurer is liable if it 'negligently investigates the claim or unreasonably refuses an offer of settlement.' A later case said the insurer's decision not to settle a claim must be 'intelligent and objective.' Roda and Keepers urged Newcomer to read the same simple message in all of the cases ' that plaintiffs are entitled to compensatory damages equal to the amount of the judgment entered against them if a jury finds that the insurer acted negligently in failing to settle the claim within policy limits.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.