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Fineman Krekstein Harris P.C. Philadelphia, PA Document Search Results (103)

 

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HTML(1) Following United States Supreme Court Precedent That A Plaintiff Can Control Removal To Federal Court By Limiting Damages Below $75,000, And (2) That Under Third Circuit Precedent This Would Act As An Estoppel, The Insured’s Bad Faith Case Remanded To State Court (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 1, 2015
In Petrille Wind P.C. v. Liberty Insurance Underwriters, Inc., the insured lost a $50,000 judgment, which the carrier refused to defend. The insured brought a statutory bad faith claim, later removed to federal court. The complaint sought actual damages of $50,000, as well as punitive damages and...

 

HTMLAlleged Breach Of Duty To Identify Insurer’s Risk Of Exposure To A Bad Faith Claim For Failure To Settle Sounds In Negligence, Not Contract (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
In New York Central Mutual Ins. Co v. Margolis Edelstein, the insurer alleged that its attorney failed to give it proper advice as a client, concerning settlement of a claim. Among other things, the insurer’s complaint alleged: that the attorney “agreed to perform legal services for...

 

HTMLCourt Dismisses Boilerplate Bad Faith Claim With Prejudice, As No Conceivable Basis To Cure By Amendment (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
In Williams v. USAA Cas. Ins. Co., the plaintiffs (an injured driver and two passengers in her car) brought an uninsured motorist claim against the injured driver’s insurer. The court found that the putative count for violating the UIM law was actually pleaded as a claim for breach of the...

 

HTMLSummary Judgment Cannot Be Granted Where Issues Of Fact On Reasonableness And Intent Prongs Of Bad Faith Standards Exist, Focusing On Decision Not To Take A Deposition Or Statement Under Oath During Claim Process (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 9, 2015
In Connolly v. Progressive Northern Insurance Company, the injured insured received a $250,000 settlement from a third party tortfeasor in connection with an auto accident. She pursued underinsured motorist coverage from her own insurer, and also alleged there were multiple policies entitling her...

 

HTMLNo Breach Of Duty Of Good Faith And Fair Dealing Where No Bad Faith Or Ill Motive Pleaded, Which Are Essential Parts Of The Claim (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 4, 2015
In Dean v. New England Mutual Life Insurance Company, the plaintiff’s claims concerned allegations of life insurance payments under her ex-husband’s policy directly to their daughters, rather than to her, individually, or to her as trustee for her daughters. A judgment of divorce had...

 

HTMLCourt Affirms Trial Court’s Decision To Void The Policy, But Remands For Trial On State Of Mind Issue For Insurer’s Cause Of Action Under New Jersey’s Insurance Fraud Prevention Act (New Jersey Appellate Division)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2015, previously published on December 26, 2014
In Continental Casualty Co. v. Hochschild, an insured sought coverage for damage to his boat, and the insurer claimed that no coverage was due because of misrepresentations in the insurance application. The Appellate Division found that the policy was to be voided on the basis of equitable fraud,...

 

HTMLBad Faith Claim Futile Based On Discovery Disputes Involving Declaratory Judgment Claim; And Where Policy Provided Insurer A Reasonable Basis To Deny Claim (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2015, previously published on February 3, 2015
In Byars v. State Farm Mut. Auto. Ins. Co., plaintiff sought leave to amend his complaint to add an additional count against the defendant-insurer alleging bad faith. In the proposed amended complaint, Plaintiff alleged the insurer had acted in bad faith during the litigation process in the pending...

 

HTMLWhere Insurer Denies Claim, And Insured Settles With Tortfeasor, Court Observes That If Insurer’s Denial Is In Bad Faith There Is An Equitable Waiver Of Its Subrogation Claim (New Jersey Appellate Division
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2015, previously published on December 27, 2014
In Nucci v. American Insurance Company, New Jersey’s Appellate Division addressed an insurer’s subrogation rights where it had originally denied coverage, was subject to suit for non-payment, and the insured partially settled the matter with another co-defendant whom had caused the...

 

HTMLFederal Court Interprets Statutory Requirements Of Underinsured Waiver Rejection; Insured Does Not Need To Date Form For It Be Valid And Insureds’ Claims Dismissed (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2015, previously published on December 19, 2014
Husband and wife plaintiffs allege their vehicle was involved in an accident, the damages resulting from the collision exceeded the amount of insurance recovered from the tortfeasor, that they made a claim to their insurer for underinsured motorist coverage, and that the insurer wrongfully and in...

 

HTMLAlleging That Insurer Maliciously Audited And Re-Adjusted Premiums Did State A Claim For Breach Of The Duty Of Good Faith And Fair Dealing, Even Where Claims Handling Not Involved; Attorneys’ Fees Not Permitted; Punitive Damages Could Be Pursued (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on February 26, 2015
In LM Ins. Corp v. All-Ply Roofing Co. the insured alleged, among other things, that the insurer audited its premiums, and reclassified its employees, as revenge for underreporting income, and that this stated a bad faith claim. The insurer argued there are no recognizable bad faith claims in New...

 


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