Legal Articles: Fineman Krekstein & Harris, P.C.

 







Document(s) published by this organization: 98


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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...

 

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...

 

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...

 

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...

 

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...

 

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...

 

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...

 

HTMLCMS Regulations Allowing Medicare Advantage Plans to Seek Reimbursement in Similar Manner to Medicare Preempt State Law
Fineman Krekstein Harris P.C.;
Legal Alert/Article
June 11, 2014, previously published on May 28, 2014
In Estate of Ethridge ex. rel. Pradia v. Recovery Management Systems, Inc., No. 1 CA-CV 12-0740, 2014 Ariz. App. LEXIS 23 (Ariz. Ct. App. Feb. 13, 2014), the Arizona Court of Appeals considered whether a Medicare Advantage (“MA”) plan may recover the medical expenses it paid for an...

 

HTMLCMS Opens Comment Period for Proposed Workers’ Compensation Medicare Set Aside Appeal Process
Fineman Krekstein Harris P.C.;
Legal Alert/Article
June 11, 2014, previously published on June 3, 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...

 

HTMLInsurer Successfully Defends Settlement Agreement Despite Plaintiff’s Discovery of Medicare Lien Against Recovery After Negotiation of the Settlement
Fineman Krekstein Harris P.C.;
Legal Alert/Article
June 11, 2014, previously published on May 23, 2014
In Rhoades v. Beck, 260 Ore. App. 569 (2014), the Court of Appeals of Oregon was faced with determining which party is liable for a Medicare lien discovered after reaching a settlement agreement, and where the lien exceeded the plaintiff’s recovery. Finding the parties entered into a binding...

 


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