Defending Against Insurance Bad Faith Claims: Strategies for Summary Judgment in Bad Faith Actions

Richard W. Boone, Jr.

A roadmap for positioning bad faith claims for summary judgment, offering practical guidance that every claims professional and coverage attorney should keep in mind. 

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Missouri Court of Appeals Further Clarifies Insurer Rights in Missouri Following McCrackin

Robert Curtis

The Missouri Court of Appeals for the Western District provided further clarification for insurers when there are coverage disputes. The Missouri Supreme Court previously ruled in McCrackin v. Mullen that insurers had the right to intervene and seek a stay of underlying tort actions while simultaneously seeking a declaration of coverage rights.

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Use It or Lose It: Federal Court in Illinois Highlights the Risks of Holding Back Policy Defenses

Michael Duffy and Joanna Kocol

In the case of Thornley v. Citizens Insurance Company of America, the U.S. District Court for the Northern District of Illinois addressed an insurance coverage dispute arising from an underlying class action lawsuit alleging violations of the Illinois Biometric Information Privacy Act (BIPA). 

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Texas Says “Howdy Y’all” to Corporations and Complex Business Disputes with Its New Business Court System: Implications for Directors and Officers Insurance

Thomas M. Spitaletto

This article explains the structure of the Texas business court system, its relationship with district courts and the appellate system, and the potential implications for D&O insurance. 

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C.R.S. § 10-3-1118 and Conditions Precedent as Sword and Shield: Colorado Supreme Court Defines Application of the Statute and Upholds Conditions Precedent to Coverage

Michelle Yang

C.R.S. § 10-3-1118 is a fairly new statute governing an insurer’s right to assert an insured’s failure-to-cooperate as defense to certain claims made against it. Enacted in 2020, it sets out prerequisites for an insurer’s use of a failure-to-cooperate defense.

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