Steven Plitt
Claims Journal
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Past articles by Steven:
Washington Court Rules on Discoverability of Insurer’s Claim File by Third Parties
In 2013 the Washington Supreme Court found that an insurance company's claim file was presumptively not privileged in disputes between insurance companies → Read More
In Illinois Disparagement is Not ‘Patent Pending’
Some insurance policies do not specifically define the term "disparagement" in the policy. When the term "disparagement" is not defined, the courts will co → Read More
‘Neither Snow Nor Rain Nor Heat Nor Gloom of Night . . .’: Cancellation by Mail
The Nebraska Supreme Court in Barnes v. American Standard Insurance Company of Wisconsin, 297 Neb. 331, 900 N.W.2d 22 (2017) recently considered whether an → Read More
Termite Damage Isn’t Building Collapse for Purposes of First Party Property Coverage
The Kentucky Supreme Court recently found that an insurance company's homeowners' policy did not cover termite damage that did not result in the home's col → Read More
Insured Must Obtain Settlement Consent Where Policies Require it
Where insurance policies require written consent from the insurer to enter into any settlement agreement, it is important to remember to ask, "May I?" Fail → Read More
Taxable Cost Award Capped by Policy Limits According to Minnesota Supreme Court
Under Minn. Stat. §604.18, insureds are entitled to recover taxable costs when an insurance company unreasonably denies insurance benefits. The statute pro → Read More
Controlling the Defense in Massachusetts
In One Beacon America Insurance Co. v. Celanese Corp., 94 Mass. App. Ct. 382, 84 N.E.3d 867 (Mass. App. 2017), the Massachusetts Court of Appeals held that → Read More
Good Samaritan Exiting Vehicle to Assist Injured Person Still Occupies Insured Vehicle for UM Purposes
The Rhode Island Supreme Court in Hudson v. GEICO Insurance Agency, Inc., 161 A.3d 1150 (R.I. 2017) recently held, as a matter of first impression, that a → Read More
Minnesota Supreme Court Rules That Statutory Attorney's Fees Are Capped by the Policy Limit
The question of whether attorney's fees awarded under Minnesota's insurance unreasonable denial statute could exceed the policy limits of the policy was re → Read More
Rhode Island Supreme Court Enforces Suit Limitation Provision in Policy
In the past, Rhode Island courts have upheld insurance policy provisions that require insureds to commence legal action against the insurance company withi → Read More
Failing to Initiate Settlement Negotiations is Risky Business
Two recent cases have addressed insurance company extracontractual exposure for failing to initiate settlement negotiations. In Stalley v. Allstate Insuran → Read More
Smooth Sailing for a Pollution Exclusion?
The question of whether carbon monoxide constitutes a pollutant for purposes of a standard policy pollution exclusion has been mixed among the courts. Whet → Read More
Oregon Supreme Court Decides the Meaning of 'Recovery' for Claims Under ORS §742.061
Under ORS §742.061, insurance companies are required to pay their insured's attorney's fees in Oregon if, in the insured's lawsuit brought against the insu → Read More
Investigation of Property Loss Doesn't Establish Estoppel in Oregon
Under Oregon statute O.R.S. §742.056, an insurance company's investigation of a loss or claim under the policy does not estop the insurance company from as → Read More
Maine Court Supreme Discusses Allocating Between Covered and Uncovered Claims
In Harlor v. Amica Mut. Ins. Co., 2016 ME 161, 150 A.3d. 798 (2016), the court held that when an insurance company breaches its duty to defend, the insurer → Read More
Kentucky Supreme Court Finds No Bad Faith as a Matter of Law in Auto Lawsuit
The Kentucky Supreme Court in Hollaway v. Direct General Ins. Co. Mississippi Inc., 497 S.W. 3d 733 (Ky. 2016), recently affirmed summary judgment that was → Read More
Massachusetts Bad Faith Statute Doesn't Include Post-Judgment Interest in Multiplier
The Massachusetts Supreme Judicial Court held in Anderson v. National Union Fire Insurance Co. Pittsburgh, PA 476 Mass. 377, 67 N.E. 3d 1232 (2017) that po → Read More
Use of Employer's Vehicle While Intoxicated Didn't Exceed Scope of Permissive Use
Recently the United States 11th Circuit Court of Appeals held, in Great American Alliance Insurance Co. v. Anderson 847 F.3d. 1327 (11th Cir. 2017) that an → Read More
Kentucky Supreme Court Finds No Bad Faith as a Matter of Law
The Kentucky Supreme Court in Hollaway v. Direct General Ins. Co. Mississippi Inc., 497 S.W. 3d 733 (Ky. 2016), recently affirmed summary judgment that was → Read More
Florida High Court Clarifies Uninsured Motorist Bad Faith Principles
The Florida Fifth Circuit Court of Appeals issued a ruling that the determination of the full extent of damages in an uninsured motorist bad faith case sho → Read More