On Behalf of McKennon Law Group PC | May 29, 2019 | Bad Faith, Breach of Contract, Duty to Settle, Firm News, Insurance Litigation Blog, Punitive Damages
When insurance companies, including those offering disability, life, health or accidental death policies, engage in conduct that is sufficiently egregious, a court may award punitive damages against the insurance company. California Civil Code Section 3294 (“Section...
On Behalf of McKennon Law Group PC | Dec 13, 2016 | Bad Faith, Case Updates, Duty to Settle, Firm News, Insurance Bad Faith, Insurance Litigation Blog
Under California law, an insurer has an obligation to, among other things, make reasonable efforts to settle a third party’s lawsuit against an insured. As a recent decision rendered by the California Court of Appeals illustrates, “reasonable efforts” entail more...
On Behalf of McKennon Law Group PC | Jul 11, 2015 | Case Updates, Duty to Settle, Firm News, Insurance Litigation Blog, Policy Interpretation
Have you ever wondered whether the liability policy you purchased covers losses you already knew about before you bought the policy? How much do you have to know? What if you knew about certain property damage at a construction project you caused but not about other...
On Behalf of McKennon Law Group PC | Feb 12, 2014 | Breach of Contract, Case Updates, Disability Insurance, Disability Insurance News, Duty to Defend, Duty to Settle, ERISA, Firm News, Insurance Bad Faith, News, Unfair Business Practices/Unfair Competition
The February 10, 2014 edition of the Los Angeles Daily Journal featured Robert McKennon’s article entitled: “Policyholder Wins Handed Down in Insurance Decisions.” In it, Mr. McKennon discusses six insurance decisions handed down in California and federal courts in...
On Behalf of McKennon Law Group PC | Oct 29, 2013 | Breach of Contract, Duty to Settle, Firm News, Insurance Bad Faith
The October 29, 2013 edition of the Los Angeles Daily Journal featured Robert McKennon’s article entitled: “Clearing Up Murky Waters: Insurer’s Duty to Settle.” In it, Mr. McKennon discusses the California Court of Appeal’s decision in Reid v. Mercury Insurance...
On Behalf of McKennon Law Group PC | Oct 18, 2013 | Breach of Contract, Duty to Settle, Firm News, Insurance Bad Faith
Can a pretrial California Code of Civil Procedure section 998 offer to settle above an insurer’s policy limits result in opening up a policy’s liability limits? Interestingly, a California Court of Appeal has said “yes” to this question under certain limited...
On Behalf of McKennon Law Group PC | Oct 18, 2013 | Breach of Contract, Duty to Settle, Firm News, Insurance Bad Faith
One of the hottest issues in California insurance law has been whether a breach of the good faith duty to settle can be found in the absence of a within-policy-limits settlement demand, thus giving rise to an insurer’s liability for an excess judgment. The frenzy of...