Insurance
Oct. 12, 2012
Court does a Du-over in bad faith failure to settle case
What started out as a nightmare for the insurance industry turned into an opinion that insurers will now be often citing. By Peter H. Klee, John T. Brooks and Charles A. Danaher of McKenna Long & Aldridge LLP
It was fair to say that before and after briefing was completed at the 9th U.S. Circuit Court of Appeals, Du v. Deerbrook was not on anybody's radar screen: the jury had returned a unanimous defense verdict after 28 minutes on three independent grounds, and the panel vacated oral arguments. By all appearances, an unpublished per curiam affirmance was on the way.
When the court'...
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