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RECOVERY OF “BRANDT FEES” TO PROVE COVERAGE

9
Aug

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RECOVERY OF “BRANDT FEES” TO PROVE COVERAGE

Policyholder may recover fees and costs in proving coverage, but not fees incurred proving bad...

STATUTE OF LIMITATIONS

10
Aug

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STATUTE OF LIMITATIONS

Four years for actions based on breach of contract and two years for actions based...

VIOLATION OF FAIR CLAIMS SETTLEMENT PRACTICES REGULATIONS

24
Jun

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VIOLATION OF FAIR CLAIMS SETTLEMENT PRACTICES REGULATIONS

Evidence that insurance company violated these regulation is admissible to prove bad faith. Jordan v....

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ABUSIVE TACTICS

An insurer may not attempt or threaten to rescind the policy where there are no...

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UNREASONABLE INTERPRETATION OF COVERAGE

Plainly unreasonable interpretation of coverage led to punitive damages in Amadeo v. Principal Mutual Life...

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UNREASONABLY FILING LAWSUIT AGAINST INSURED

Hillenbrand, Inc v. Ins. Co. of North America, 102 Cal. App. 4th 584 (2002).

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UNREASONABLY DEMANDING THAT POLICYHOLDER CONTRIBUTE TO A SETTLEMENT

Coe v. State Farm Mutual Auto Ins. Co., 66 Cal. App. 3d 981 (1977); Shade...

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UNREASONABLE (“LOW BALL”) SETTLEMENT OFFERS

Clayton United Servs. Auto Ass’n, 54 Cal. App. 4th 1158 (1997)(insurance company offered $10,000 on...

DUTY TO SETTLE

24
Jun

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DUTY TO SETTLE

The insurance company has a duty to make good faith efforts to negotiate towards a...

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WRONGFUL REFUSAL TO DEFEND THIRD PARTY CLAIM

Pershing Park Villas v. United Pacific Ins. Co., 219 F. 3d 895 (9th Cir. 2000);...