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

 







Document(s) published by this organization: 111


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HTMLInsured’s Bad Faith Claim Could Not Be Dismissed Solely On Basis That Examination Under Oath Had Not Occurred Prior To Filing Suit, Under The Circumstances Of This Case (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 16, 2015
In Johnson v. State Farm Mutual Automobile Insurance Company, the insured wife was hit by an underinsured motorist while jogging. The insureds’ own UIM limits were $250,000. The injuries were diagnosed as serious and she sought policy limits.

 

HTMLWhere Material Issues Of Fact Exist Over Alleged Misrepresentations By Insured, Court Would Neither Dismiss The Insured’s Breach Of Contract Claim Or The Insurer’s Statutory Fraud Claim; However, Statutory Bad Faith Claim Could Be Dismissed (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 23, 2015
In Henriquez-Disla v. Allstate Property & Casualty Insurance Company, the court addressed a battle of bad faith claims, the insured alleging breach of contract and bad faith for claim denials; and the insurer alleging insurance fraud in seeking dismissal of the insureds’ claims, and in...

 

HTMLNew Jersey Supreme Court Finds No Bad Faith Where Insurer Relied Upon Unpublished Appellate Division Opinion In Taking Action, And Where Policy Language Made Insurer’s Position Fairly Debatable; Court Restates New Jersey Law On First Party Bad Faith Claims (New Jersey Supreme Court)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 19, 2015
In Badiali v. New Jersey Manufacturers Insurance Group, the New Jersey Supreme Court issued its second opinion in a single day involving first party insurance bad faith claims. The insured was injured by an uninsured motorist. The insured had two insurers. The matter went to arbitration on the...

 

HTMLEven Where Court Rules against Insurer’s Interpretation of Policy Language, No Bad Faith Can Exist Where That Interpretation Is Reasonable (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 11, 2015
In Gray v. Allstate Indemnity Company, the insured asserted breach of contract claim and bad faith claims due to the insurer’s alleged wrongful denial and refusal to pay insurance benefits for his fire loss claim, which was the result of vandalism. The insurer asserted that the property was...

 

HTMLPlaintiff Stated Bad Faith Claim When Alleging That Insurer’s Adjuster Admitted a Basis for Loss as to Which Coverage Was Due, But Insurer Later Denied Coverage (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 19, 2015
In Bannon v. Allstate Insurance Company, a Hurricane Sandy case, the policy provided “that coverage for dwellings or other structures did not include loss caused by ‘flood, including, but not limited to, surface water, waves, tidal water or overflow of any body of water or spray from...

 

HTMLERISA Preemption Defense Sufficient To Set Aside Default on State Law Claims (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 10, 2015
In Davis v. Metro. Life Ins. Co., the insured brought claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and bad faith under the Pennsylvania Unfair Insurance Practices Act (“UIPA”), 40 Pa. Cons. Stat. § 1171.1 et seq., pursuant to 42 Pa....

 

HTMLNo Bad Faith under “Fairly Debatable” Standard Where Dispute Existed Over Material Fact; Insureds Deemed To Have Received Policy So Long As Their Broker Received It (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 10, 2015
In Dooley v. Scottsdale Insurance Company, the insured homeowners suffered a flood in their home from a frozen/burst piping system, during a nearly four week hiatus from their home in December. There was a dispute of fact over whether the insureds turned off their heat, or left the thermostat on at...

 

HTMLNew Jersey Supreme Court Finds Um Bad Faith Claim Barred By Res Judicata, But Refers The Following Issues To The Civil Practice Committee In Connection With The Scope And Applicability Of New Jersey’s Rules To Um Claims
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 17, 2015
In Wadeer v. New Jersey Manufacturers Insurance Company, New Jersey’s Supreme Court took the opportunity to address potential changes in the Rules of Civil Procedure in the context of first party bad faith claims. In this uninsured motorist case, the plaintiff insured was injured by a driver...

 

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...

 

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...

 


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