Pulte Home Corporation v. American Safety Indemnity – Modifying your attorney fee agreement to enhance damages is not permitted.
By Patrick A. Calhoon Damages for Insurance Bad Faith actions are peculiar in how they are calculated. The amounts for each item of damages (contract damages, attorney fees, emotional distress, and punitive damages) are all tied to one another in one way or another....read more
By Patrick A. Calhoon Much has been written about opening policy limits and creating the insurer’s liability for a verdict or judgment in excess of policy limits. Everyone will agree that the most effective way to open the policy is by providing the carrier with...read more
By Patrick A. Calhoon Like millions of Californians, your client is enrolled in a Health Maintenance Organization (“HMO”) plan for her healthcare. Under these plans, the HMO plan contracts with health care providers, usually through medical groups known as Independent...read more
Nickerson v. Stonebridge Life Ins. Co. – Good News for Punitive Damage Awards in Insurance Bad Faith Cases
By Patrick A. Calhoon On June 9, 2016, the California Supreme Court unanimously ruled in Nickerson v. Stonebridge Life Ins. Co., __ Cal.4th ___ (2016) (Nickerson) that attorney’s fees awarded to a plaintiff in an insurance bad faith lawsuit (“Brandt fees”)...read more
Zubillaga v. Allstate Indemnity Company – The Genuine Dispute Doctrine Will Not Automatically Insulate an Insurer from a Bad Faith Claim
By Patrick A. Calhoon Insurers often attempt to defend their claims decisions by relying on the advice and opinions of hired experts. As if it’s a force-field that protects bad claim decisions from any legal recourse, the so called “genuine dispute...read more