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Fineman Krekstein Harris P.C. Philadelphia, PA Document Search Results (97)

 

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HTMLExcess Insurer Had No Duty to Post Appeal Bond and Could Not Be Liable in Bad Faith for Failing to Do So; Court Observes that Proof of Bad Faith is More Difficult Where Law at Issue On Coverage is Unsettled (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 4, 2014
In the most recent decision in Charter Oak Ins. Co. v. Maglio Fresh Food, which has been discussed at length in previous postings in 2013 and 2014, the Court addressed claims against the excess insurer after holding a short non-jury trial. It concluded that under the unique circumstances of that...

 

HTMLMSP Private Action Allowed to Advance Prior to Resolution of Underlying Obligation
Fineman Krekstein Harris P.C.;
Legal Alert/Article
November 17, 2014, previously published on October 28, 2014
In Nawas v. State Farm Mut. Auto. Ins. Co., 2014 U.S. Dist. LEXIS 128365 (E.D.Mich. 2014), the Eastern District of Michigan allowed Plaintiff to recover double damages under the Medicare Secondary Payer Act prior to a judicial determination that the insurer was obligated to pay the claim.

 

HTMLCarrier’s Investigation and Denial Of UIM Benefits Following Payment of First Party Medical Claim Not Bad Faith; Neither Length of Investigation Alone Nor Disputing Causation After Not Making it an Issue in Original Claim Create Bad Faith Per Se (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 7, 2014
In Shaffer v. State Farm Mut. Auto. Ins. Co., plaintiff and his wife brought a bad faith claim against their carrier after being denied UIM coverage, following payment of medical coverage on a first party claim. The claim resulted from a motor vehicle accident in which the other driver was...

 

HTMLSixth Circuit Allows Estate to Recover Double Damages in Private Action, Despite Carrier Reimbursing Conditional Payment Amount to Medicare
Fineman Krekstein Harris P.C.;
Legal Alert/Article
November 2, 2014, previously published on October 7, 2014
A recent case out of the Sixth Circuit, Estate of McDonald v. Indemnity Insurance Co., 2014 U.S. Dist. LEXIS 121902 (6th Cir. Sept. 2, 2014), created new precedent in terms of private MSP actions by granting an Estate double damages in an action against a worker’s compensation carrier despite...

 

HTMLNo Bad Faith in UIM Case Where Insurer Correctly Determined Coverage Based On Insureds’ Contractual Choice to Limit Uim Amounts, and Where No Other Form of Bad Faith Aside From Coverage Denial Was Pleaded (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 22, 2014, previously published on October 16, 2014
In Davis v. Allstate Property & Casualty Company, the UIM plaintiff brought claims for breach of contract and bad faith, based upon an alleged failure to pay $600,000 in connection with a fatal car accident. The court found, however, that the insureds had complied with all the requirements...

 

HTMLCourt Finds "Lack-Of-Fortuity" Exclusion Implied In Every All Risk Insurance Policy, and No Bad Faith Where Denial Had A Reasonable Basis (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 7, 2014
In Fry v. Phoenix Insurance Company, the insured homeowners suffered a wall collapse, after a long history of issues with the wall. There were various expert reports on problems with the wall that led the court to conclude that the insureds had knowledge of both potential problems causing the...

 

HTMLNo Bad Faith Claim Stated For Denial Or Delay On Disability Policy Where Material Issues Of Fact Concerning Reliance On Consultants And Causes Of Delay Made Outcome "Fairly Debatable"; No Statutory Attorney's Fees Available On First Party Claims (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 9, 2014
In Onex Credit v. Atrium 5 Ltd., a company has purchased a disability policy on its CEO. The policy provided that if the terms were met, the company could receive a large lump sum payment. There were numerous conditions and exclusions, and after a lengthy investigation by the carrier’s...

 

HTMLNew Jersey Trial Judge Dismisses Bad Faith Claim Where Disputed Facts Would Not Permit Insured To Obtain Summary Judgment On Substantive Coverage Claims (New Jersey Law Division, Bergen County)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 10, 2014
In Omega Financial Services v. Aspen Specialty Insurance Company, a New Jersey Superior Court Law Division case, the court addressed whether a mortgage broker’s claims for indemnification were excluded under its professional liability policy, as well as the insured’s bad faith claim....

 

HTMLNew Jersey Federal Judge Elucidates How Insureds Adequately Plead Bad Faith Under Twombly To Avoid Dismissal Under "Fairly Debatable" Standard (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 8, 2014
Laing v. American Strategic Insurance Corporation is a Hurricane Sandy case, alleging that the insurer failed to properly adjust the claim and underpaid under the terms of the policy. The insureds alleged that the insurer both misrepresented the scope of the insurance policy and made false...

 

HTMLCourt Refuses To Bifurcate Bad Faith And Uim Claims Where Significant Factual Overlap Exists (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 14, 2014
In Hoffer v. Grange Insurance Company, the court addressed the insurer’s request to bifurcate the bad faith and UIM claims. The insured had settled with the other driver and made a UIM claim to his carrier. The insurer denied the claim on the basis that the insured was the one responsible for...

 


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