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

 

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HTMLCourt Finds That Violation of UIPA Can Not Be Basis for Bad Faith Claim; and Finds That Insured Could Not Meet Clear and Convincing Evidence Standard on Reasonableness Prong of Bad Faith Test (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 22, 2014, previously published on July 20, 2014
In United States Fire Insurance Company v. Kelman Bottles, LLC, property damage occurred for the insured from an event concerning an industrial glass making furnace. The insured’s all risk carrier brought a declaratory judgment action against the insured. The insured also had a Boiler and...

 

HTMLNo Separate Tort Cause of Action for Breach of Duty of Good Faith; Statutory Bad Faith Claim Pleaded Mere Possibility of Bad Faith, Not a Plausible Bad Faith Claim, and Was Dismissed With Leave to Amend (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 22, 2014, previously published on July 19, 2014
In Plummer v. State Firm Fire & Casualty Insurance Company, the insureds made a first party damage claim, involving storm damage to its roof. The insureds claimed that the insurer failed to pay anything toward the roof damage, while paying a claim for roof damage to their neighbor for damage to...

 

HTMLInsurer’s Motion to Dismiss Hospital’s Bad Faith Breach of Contract Claim Denied (New Jersey Federal Court)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
In Conn. Gen. Life Ins. Co. v. Roseland Ambulatory Surgery Ctr., the plaintiff/counterclaim-defendant insurer brought claims against defendant/counterclaim-plaintiff hospital for failure to require patients to pay certain out-of-pocket expenses. The insurer originally brought a claim alleging that...

 

HTMLPlaintiffs Required to Exhaust Administrative Remedies before Challenging CMS Compromise Figures
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 10, 2014, previously published on June 23, 2014
In Torres v. Consolidated Rail Corp. (In re Asbestos Prods. Liab. Litig.), 2014 U.S. Dist. LEXIS 24138 (E.D. Pa. Feb. 24, 2014), the District Court for the Eastern District of Pennsylvania considered a challenge to the Centers for Medicare & Medicaid Services’ (CMS) right to recover...

 

HTMLBerks County Trial Judge Awards $18,000,000 in Punitive Damages and $3,000,000 in Attorney’s Fees and Costs (Berks County Court of Common Pleas)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 10, 2014, previously published on July 4, 2014
Following in temper the trial court judges’ decisions in Hollock v. Erie Insurance Exchange, 54 Pa. D.&C. 4th 449 (C.C.P. Luzerne 2002), and Corch Construction Company v. Assurance Company of America, 64 Pa. D.&C. 4th 496 (C.C.P. Luzerne 2003), a Berks County Judge has issued a decision...

 

HTMLConclusory Legal Allegations are Insufficient to State Bad Faith Claim under Twombly/Iqbal, But Court Gave Plaintiff Opportunity to Amend and Cure Pleading Deficiencies (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 10, 2014, previously published on June 27, 2014
In Warnstorff v. State Farm Automobile Insurance Company, the insured brought a bad faith claim against its carrier for unreasonably delaying the evaluation of her underinsured motorist claim, and withholding payment. The plaintiff alleged four specific actions in her complaint which she claimed...

 

HTMLAttorney Insured’s Breach of Contract and Bad Faith Claims Dismissed under Prior Knowledge Exclusion in Malpractice Policy Where Dragonetti Action Against Attorney and the Clients Bringing Subsequent Malpractice Suit Created Objectively Reasonable Basis to Know of Potential Malpractice Claim (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 10, 2014, previously published on June 25, 2014
In Ettinger & Assocs., LLC v. Hartford/Twin City Fire Ins. Co., the court addressed coverage under an attorney’s professional liability policy. The initial events concerned a suit against a realtor, who purportedly failed to inform his clients correctly about the zoning of a lot adjacent...

 

HTMLInsurer Successful in Dismissing Bad Faith Claim and in Obtaining Indemnification from Insurance Agent (Philadelphia County Common Pleas)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 10, 2014, previously published on July 2, 2014
In Markus v. Infinity Indem. Ins. Co., the defendant insurance agency sought appeal of an order denying its Motion for Post-Trial Relief. The underlying action involved a motor vehicle accident in which Plaintiff’s brother was driving her vehicle. Plaintiff’s claim was ultimately denied...

 

HTMLCourt Finds Insurer Could not Assert Forum Selection Clause After It Consented to Removal to Federal Court (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
June 27, 2014, previously published on June 19, 2014
In Roman v. UniGroup Worldwide, the plaintiff insured contracted with the defendant shipping company and its agents to transport his household property from Israel to Pittsburg. Along with the shipping contracts, he also took out a policy with the defendant insurer. Plaintiff brought both statutory...

 

HTMLInsured Stated A Bad Faith Claim by Alleging Enough Facts to Put Reasonableness of the Insurer’s Coverage Denial at Issue, and Thus Discovery was Needed to Determine the Issued of Reasonableness (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
June 27, 2014, previously published on June 11, 2014
In Rizk v. State Farm Fire & Cas. Co., the insured had a homeowners policy that excluded coverage for frozen plumbing pipes; however, the exclusion did not apply “if the insured used reasonable care to maintain heat in the building.” The insured alleged that although he was away...

 


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