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Toxic mold is a common cause of bad faith lawsuits, with about half of the 10,000 toxic mold cases in 2001 being filed against insurance companies on bad faith grounds. Before 2000 the claims were uncommon, with relatively low payouts. One notable lawsuit occurred when a Texas jury awarded $32 million (later reduced to $4 million).
State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), was a case in which the United States Supreme Court held that the due process clause usually limits punitive damage awards to less than ten times the size of the compensatory damages awarded and that punitive damage awards of four times the compensatory damage award is "close to the line of constitutional impropriety".
Campbell proceeded to file suit against State Farm for bad faith, fraud, and intentional infliction of emotional distress. The Utah Supreme Court reinstated a $145 million punitive verdict against State Farm, [ 61 ] making note that an earlier $100 million judgment was unreported to State Farm's corporate headquarters.
Hawaii's Supreme Court ruled Monday that insurance companies cannot file suit against those blamed for the devastating 2023 wildfire on Maui, clearing the way for a $4 billion dollar settlement ...
Hangarter v. Provident Insurance Company, 373 F.3d 998 (9th Cir. 2004), [1] (UnumProvident, now referred to as Unum or Unum Group [2]), is a landmark decision by the 9th Circuit Court of Appeals on the issue of disability bad faith insurance law. Because California’s bad faith insurance law is often referred to in many states as a model ...
Hawaii court rules against insurance companies in Maui wildfire, allowing $4B settlement to proceed February 10, 2025 at 2:19 PM A general view shows the aftermath of a wildfire in Lahaina, Hawaii ...
A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the claim. The exact time period depends on both the state and the type of ...
Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...