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Fineman Krekstein Harris P.C. Philadelphia, PA Document Search Results (86)

 

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HTMLNo Bad Faith Where Alleged Misrepresentations Occurred Prior to Policy’s Inception; Contractual Limitation on Stacking Permissible (Third Circuit)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 14, 2014, previously published on April 8, 2014
In Grudkowski v. Foremost Ins. Co., the court addressed an appeal, with the class action appellee-insureds asserting that the insurance provided them should have been deemed illusory by the lower court. The Third Circuit affirmed, and denied the request to certify the issue to Pennsylvania’s...

 

HTMLCourt Closely Scrutinizes Plaintiff’s Expert and Gives Detailed Opinion on Limits to that Expert’s Testimony and Guidelines on How Expert Report Must Be Made and Presented to Survive a Motion to Strike that Testimony (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 14, 2014, previously published on April 7, 2014
In Leporace v. N.Y. Life & Annuity Corp. the insurers filed a motion to exclude expert testimony, on plaintiff’s bad faith expert. The expert was previously by one of the defendants that handle claims for an insurer defendant. She affied that she has worked in the field of disability...

 

HTMLCourt Would Not Dismiss Bad Faith Claim At Pleading Stage Based On Insurer's Claim That It Relied Upon Expert Report (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 4, 2014, previously published on March 31, 2014
In Aldsworth v. State Farm Fire & Casualty Co., the insured initially claimed that they suffered water infiltration in their home after a wind and rain storm damaged the roof. The insurer sent out an engineer. The engineer concluded that the cause of the loss was a construction defect on the...

 

HTMLCourt Denies Carrier's Summary Judgment Motion Because Insured Alleged Conduct Which A Jury Could Find Amounts To Bad Faith (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 4, 2014, previously published on April 3, 2014
In Universal Underwriters Ins. Co. v. J. Murray Co., an insured automotive dealer, service center, and financier purchased an insurance policy from the defendant-carrier to insure property at its place of business. During Tropical Storm Lee in September 2011, the insured suffered $1,700,000 in...

 

HTMLSummary Judgment Granted On Bad Faith Claim Where Investigation Was Reasonable, Delays Attributable To Both Parties, And Where Insurer Engaged Experts That Resolved Any Contradiction By Its Prior Expert On Need For Replacement Over Repair (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 4, 2014, previously published on March 30, 2014
Moran Industries v. The Netherlands Insurance Company involved numerous disputes between the insured and the insurer over the extent of fire damage to a building and the terms of an insurance policy. The carrier claimed there was a contractual two year limitations period for bringing a claim, and...

 

HTMLInsured's Concealment Of Fact That Manufacturer Paid For Loss Despite Making Claim And Receiving Funds From Carrier Could Not Create Bad Faith In Carrier, But Did State A Colorable Claim Against Insured's Under Fraud Prevention Action (New Jersey Appellate Division)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 4, 2014, previously published on March 31, 2014
In AIG Casualty Company of New York v. Walsh, AIG’s policy required it to pay for losses to a damage yacht engine, less a deductible, and it did so. However, the manufacturer replaced the engine at no cost. The carrier sought return of the funds paid, as there was no loss, and the insureds...

 

HTMLWhere Plaintiff Fails to Show How Additional Investigation Would Have Altered The Insurer’s Conduct or Valuation, There Can Be No Bad Faith; Investigation Adequate And Appropriate In Uim Claim (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 24, 2014, previously published on March 18, 2014
In Miezejewski v. Infinity Auto Ins. Co., the insured was injured in an auto accident, and not only suffered physical injury, but alleged her physical condition deteriorated over time, causing her to be laid off. She claim that the carrier’s claim evaluation was too low, and failed to...

 

HTMLCourt Grants Motion for Summary Judgment Where Plaintiff Failed to Submit to Independent Medical Examination Based on Violation of Cooperation Clause in Insurance Policy (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 24, 2014, previously published on March 19, 2014
In Goddard v. State Farm, plaintiff brought suit against his insurer alleging breach of contract and bad faith arising from the insurer’s refusal to pay UM/UIM benefits to plaintiff for an accident which took place on August 6, 1998. Although the claim was timely submitted to the insurer,...

 

HTML2014 Bad Faith Cases: Complaint Sufficiently Pleaded That Carrier Engaged Biased Doctor For IME In Making Out Bad Faith Claim (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 6, 2014
In Neal v. State Farm Mut. Auto. Ins., the plaintiff sought relief on the basis that she was denied benefits based on a biased independent medical examination (IME), and that the insurer abused the IME process. Defendant moved to dismiss for a a failure to adequately plead under Twombly, and...

 

HTMLCMS Opens Comment Period For Proposed Workers’ Compensation Medicare Set Aside Appeal Process
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 5, 2014
The Centers for Medicare and Medicaid Services (CMS) has released a proposed plan to expand its current Workers’ Compensation Medicare Set Aside (WCMSA) “re-review” process. CMS has opened a comment seeking industry input on the proposed process and also plans to hold a Town Hall...

 


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