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Cozen O'Connor's Aviation (Litigation/Regulation), Construction, L&E, M&A (Midmarket), Shipping (Finance and Litigation/Regulation) practices were ranked by the Legal 500.
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Extracontractual claims pose a unique set of risks to insurers, implicating their business operations and opening potentially vast exposures. Today, it is not enough to have good coverage counsel. Insurers need counsel with deep and specific bad faith and extracontractual experience. Cozen O’Connor’s team of dedicated extracontractual/bad faith attorneys have been practicing in this field for decades.
Our bad faith attorneys defend insurance clients in litigation alleging first- or third-party extracontractual claims related to all lines of business, including property, general liability, professional liability and D&O, life/health/disability and automobile policies. We handle litigation arising from claims handling, underwriting, excess verdicts, uninsured or under-insured motorist coverage, consent judgments, default judgments and garnishment actions. Our attorneys have successfully defeated individual and class claims seeking actual and consequential damages, statutory penalties, punitive damages, attorneys’ fees and policy benefits.
Because Cozen O’Connor is a global leader in the area of insurance coverage and claims litigation, we are often able to defeat breach of contract assertions at the outset, thereby mitigating any extracontractual claims. When appropriate, our attorneys are able to negotiate quick and quiet resolutions to bad faith claims. Because they involve questions of honor, duty and essential fairness, these cases are qualitatively different from other coverage disputes. Our lawyers are able to create practical frameworks for discussion, incentivize reasonable conduct and mutuality, and find solutions that limit insurer exposure.
When bad faith and extracontractual disputes must be tried, our attorneys have the proven ability to go to court—and win. We regularly and successfully defend major insurers in multi-million dollar bad faith matters in state, federal and appellate courts throughout the United States. Success is not defined simply by getting a defense verdict, but by winning in a way that protects clients’ bottom lines and brands.
SERVICE AREAS
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Successfully defend bad faith litigation from inception through trial
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Design strategies to defeat institutional bad faith cases
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Respond to policy limit and time limit demands and analyze potential exposures
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Assist in the withdrawal of a defense while avoiding bad faith, waiver and estoppel claims
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Respond to unreasonable discovery requests and consent judgments
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Bifurcate bad faith claims for discovery and trial, when necessary
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Avoid or limit impact of policyholder’s assignment of rights
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Negotiate settlements in bad faith cases with multiple insureds/claimants, multiple insurers, limited insurance; avoid or defend against collusive settlements
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Monitor underlying litigation and assess impact on coverage issues and potential exposure
November 20, 2024
Tiffany Bustamante, co-chair of the firm’s Bad Faith group, wrote the expert analysis column “Hurricane Coverage Ruling Clarifies Appraisal Scope In Fla.” for Law360.
November 11, 2024
John Ewell reviews recent cases and regulations impacting the insurance industry.
October 23, 2024
A prompt response is critical when disaster strikes, but as the Fifth Circuit recently ruled, delays may be excusable in certain circumstances. In First United Pentecostal Church v. Church Mut. Ins. Co., No. 23-30779, 2024 WL 4511240 (5th Cir. Oct. 17, 2024), First United Pentecostal Church sued...
September 19, 2024
There must be something in the water or the plaintiff’s bar just had a conference where the keynote speaker addressed strategies for putting pressure on insurers by issuing time-limited demands (“TLD”) because we have been asked by several insurer clients over the last few weeks to evaluate whether...
August 23, 2024
In Brodowy v. Progressive Direct Ins. Co., the Ninth Circuit affirms the district court’s granting of Progressive Direct Insurance Company’s (“Progressive”) motion for summary judgment as to claims alleging bad faith and violations of Montana’s Unfair Trade Practices Act (“UTPA”), as well as a...
August 08, 2024
Sarah Pozzi wrote the expert analysis column titled “Ore. Insurance Litigation Is Testing The Bounds After Moody” for Law360.
August 01, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
July 18, 2024
Introduction
Insurers are frequently asked to satisfy their duty of good faith and fair dealing by entertaining reasonable settlement offers within the combined limits of the policies. However, primary and excess insurers do not always agree whether a particular claim presents a significant...
June 27, 2024
The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union, et al., 371 Or 772 (2023). Before Moody, Oregon had long been a...
June 27, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
June 10, 2024
Karl Schulz discusses the Texas Supreme Court's recent ruling rejecting Stonewater Roofing's claim that a Texas statute violated free speech and due process rights.
May 30, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
April 29, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
March 26, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
February 27, 2024
Cozen O'Connor’s Global Insurance Department's Claims Notes provides quick, to-the-point summaries of national insurance developments, including notable insurance decisions, legislation, trends, and regulatory guidance.
October 17, 2023
Law360 covered the recent expansion to the firm’s insurance litigation practice by adding Julie E. Van Wert, David M. Berke, Jerome P. Doctors, and Rangi Perera in Los Angeles and Christopher Tramonte in Houston.
August 16, 2023
The First Circuit rejected the insured’s argument that an insurer’s purported “actual knowledge” of a claim is sufficient to comply with the policy.
June 29, 2023
In an unexpected and last minute turn of events, the Oregon legislature failed to pass a final-stage version of House Bill 3242 before its regular session adjourned on June 25, 2023 for the remainder of the year. Generally, if HB 3242 had been promulgated into law, it would have opened the door to...
May 10, 2023
Stephen P. Pate co-authored the article, “Should I Stay or Should I Go? Recent Developments and Special Situations Impacting Removal in Insurance Cases” for the Defense Research Institute’s (DRI) May issue of For The Defense.
July 20, 2022
In its recent decision, Brink v. Direct General Ins. Co., 38 F.4th 917 (11th Cir. 2022), the Eleventh Circuit ruled 2-1 that the Florida district court erred when it failed to instruct a jury that an insurer not only owed a duty to settle claims for its insured, but also owed a duty to advise its...
July 12, 2022
Michael W. Melendez and Chad A. Pasternack wrote the article “Top Bad Faith Cases of 2021” for Westlaw Today.
June 30, 2022
The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: the duty to defend is not implicated unless the insured complies with the policy’s notice-of-suit requirements and demands a defense. Moreno v. Sentinel Ins. Co., Ltd., 35 F.4th 965, 975-77 (5th...
June 28, 2022
In Elephant Insurance Co., LLC v. Kenyon, the Supreme Court of Texas reiterated the framework of an insurer’s common-law duties to insureds under Texas law.[1] In applying that framework to the facts of the case, the Court rejected an attempt to expand an insurer’s obligations under existing...
May 27, 2022
A California appellate court recently ruled that an intentional act may not be an "occurrence" even when there is no intent to cause harm.
May 03, 2022
In its recent decision, People ex rel. Ellinger v. Magill, et al., ---Cal.Rptr.3d---, No. E076378, 2022 WL 1077988 (Cal. Ct. App., Mar. 18, 2022), the California Court of Appeal refused to extend liability under California’s Insurance Frauds Prevention Act (IFPA) to an insurer’s claims handling...
April 29, 2022
A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 MT 72, ¶ 1, answered in the negative a question certified by a federal district court regarding tensions inherent in Montana’s Property and Casualty Insurance Policy Simplification Act (“PSA”). The...
March 01, 2022
On February 15, 2022, the United States Court of Appeal for the Eleventh Circuit upheld the Southern District of Florida’s summary judgment victory for GEICO, finding that no reasonable jury could conclude that GEICO had operated in bad faith with respect to its handling of a wrongful death claim...
January 26, 2022
On January 19, 2022, New Jersey Governor Phil Murphy signed S.B. 1559, known as the “New Jersey Insurance Fair Conduct Act,” which allows motorists to sue their insurance companies over “unreasonably” late or denied coverage benefits and unfair settlement practices. The bill, passing through both...
August 20, 2021
Just a few short years ago, there was a bright line rule under Texas law concerning appraisal awards. If an insurer timely paid an appraisal award, that payment extinguished all of the insurer’s contractual and extracontractual liability to the insured. See, e.g., Garcia v. State Farm Lloyds, 514...
July 23, 2021
Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer and found a duty to defend Landry’s in a data breach lawsuit. Landry’s Inc. v. The Insurance Company of the State of Pennsylvania, No. 19-20430 (July 21, 2021). Landry’s...
June 08, 2021
The Iowa Supreme Court recently
reversed the appellate court’s denial of an insurer’s motion for a directed
verdict, finding that United Fire did not breach the insurance policy and did
not commit bad faith during a property appraisal. Luigi’s, Inc. v. United Fire and Cas. Co., No. 19-1669, ---...
May 28, 2021
An insurer can no longer claim its lack of notice of a lawsuit against its insured excuses it for failing to settle the suit after the Georgia Supreme Court’s recent decision in GEICO Indemnity Co. v. Whiteside, Case No. S21Q0227 (Ga. April 19, 2021). In Whiteside, the Georgia Supreme Court held...
March 29, 2021
Michael Melendez and Rebekah Shapiro discuss a recent California Appeals Court decision in Planet Bingo LLC v. Burlington Ins. Co., and what it means for liability insurers.
April 22, 2020
Karl A. Schulz and Stephen P. Pate discuss three recent cases decided by the Texas Suprme Court that revived policyholder suits that were in limbo when Barbara Technologies and Ortiz were decided.
July 31, 2024
Peter Berg and Jodi A. McDougall were named 2024 Super Lawyers; Sarah Pozzi and Karl Neumann were recognized as 2024 Washington Rising Stars.
July 03, 2024
Eight Cozen O’Connor attorneys have been recognized as Super Lawyers, including Susan N. Eisenberg, James A. Gale, Howard S. Krooks, Samuel A. Lewis, Ellen S. Morris, Stuart R. Morris, Ralf R. Rodriguez, and Martin T. Schrier. The seven Cozen O’Connor attorneys recognized as Rising Stars are Heather Beale, Tiffany Bustamante, J. Kent Crocker, Arielle Eisenberg, Alexandra J. Schultz, Natasha Shaikh, and Paul Souferis.
March 05, 2024
Ira Bodenstein, Jack Carriglio, Janet Davis, John Dunn, Mitch Edlund, Wendy Enerson, Gary Gassman, Tia Ghattas, Jeremy Glenn, Erin Bolan Hines, Mark Rabinowitz, Peter Roberts, Brian Shaw, Joseph Tilson, Julie Trester, Peter Valeta, Anna Wermuth, and Brian Williams were recognized as Leading Lawyers, Christina Sanfelippo was recognized as an Emerging Lawyer.
February 12, 2024
Recognized by their peers in Georgia as Super Lawyers are Kenan Loomis and Alycen Moss. Luciana Aquino, Dakota E. Knehans, and Danielle C. Le Jeune were named “Rising Stars,” a list that recognizes attorneys under the age of 40.
October 16, 2023
Julie E. Van Wert, David M. Berke, Jerome P. Doctors, and Rangi Perera joined in Los Angeles and Christopher Tramonte joined in Houston.
July 31, 2023
The Seattle attorneys who have been recognized by their peers in include firm members Jodi McDougall, Terri Sutton, and William Walsh. Peter Berg and Sarah Pozzi were recognized as 2023 Washington Rising Stars.
July 10, 2023
Cozen O'Connor's Aviation (Litigation/Regulation), Construction, L&E, M&A (Midmarket), Shipping (Finance and Litigation/Regulation) practices were ranked by the Legal 500.
June 14, 2022
Alissa Christopher, Member of the firm's Global Insurance Department, was recognized as the Volunteer of the Week by the Human Rights Initiative (HRI) of North Texas.
March 22, 2022
John R. Ewell was quoted in the article “Colorado Ruling Accelerates Debate On Adjuster Liability” by Law360.
January 19, 2022
John R. Ewell was quoted in the article “NJ Gov. Signs Bill To Allow 'Bad Faith' Insurance Suits” by Law360.