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Fineman Krekstein Harris P.C. Philadelphia, PA Document Search Results (101)

 

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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...

 

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 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...

 

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...

 

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....

 

HTMLNo Bad Faith Claim Where Insurer Carried Out Reasonable Inspection And Came To Conclusion That Result Of The Inspection Fell Within An Exclusion, & Insureds Did Not Offer Material Facts To Show, Even If Wrong, That Position Was Unreasonable Or The Result Of Intent Sufficient To Meet The Bad Faith Standard (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 17, 2014, previously published on October 6, 2014
In Focht v. State Farm Fire & Casualty Company, the homeowner insureds brought breach of contract and bad faith claims centering on a water based loss. The coverage issue centered on whether the damage at issue was caused by flood damage arising up inside the house, or water penetrating the...

 

HTML(1) Statutory Bad Faith Claim Sufficiently Pleaded Because Plaintiff Alleged Basis for Unreasonable Cancellation; (2) No Statutory Bad Faith Actionable Against a Broker Who is Not an Insurer; (3) No Breach of Fiduciary Duty Claim Pleaded that Goes Beyond Contract Claim for Duty of Good Faith and Fair Dealing (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on October 1, 2014
In Kofsky v. Unum Life Insurance Company of America, the insured purchased a disability insurance policy. He alleged that the defendants, the insurer and the insured’s broker, unilaterally cancelled his insurance policy without prior notice. Thereafter, the insured claimed that he still...

 

HTMLAfter Jury Verdict for Disability Insurer in Bad Faith Case, Court Found that (1) Limited Disclosure of Evidence on Regulatory History Was Within The Court’s Discretion; (2) Allowing Wide Latitude on Cross of Expert Met Daubert; And (3) Jury Had Sufficient Evidence, Taken in Light Most Favorable to the Verdict Winner, to Rule as It Did (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 29, 2014
In Leporace v. New York Life and Annuity Corp., involving a disability policy, the jury found for the insurer on the contractual and statutory bad faith claims. In summarizing the law on both causes of action, Judge Baylson looked to Judge McLaughlin’s Dewalt opinion in addressing the...

 

HTMLCourt Gives Parties 60 Days to Do Discovery to Determine If Policy Falls Within Safe Harbor to ERISA Preemption (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 26, 2014
In Van Arsdel v. Liberty Mutual Insurance Company, the insurer sought dismissal of state law claims, including bad faith, based upon ERISA pre-emption. The insured responded that there were questions of fact as to whether ERISA covered the insurance at issue or whether it fell under ERISA’s...

 


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