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

 







Document(s) published by this organization: 89


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HTMLMotion To Dismiss Not Suitable Means to Address Whether Insurer's Position Was Fairly Debatable, In This Action, And Was Therefore Denied (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 17, 2015, previously published on March 31, 2015
In Zodda v. National Union Fire Insurance Company, the insured pleaded bad faith, among other claims, for denial of benefits on a disability policy. The insured brought claims against multiple insurers, alleging an elaborate scheme in marketing the disability insurance at issue, and in denying...

 

HTMLSuperior Court Upholds Bad Faith Punitive Damages Award, And Permits Inclusion of Attorney's Fees as Part of Base Number upon Which to Calculate Punitive Damages (Superior Court of Pennsylvania, non-precedential)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 27, 2015
In Davis v. Fidelity National Title Insurance Company, a non-precedential decision of the Superior Court, the insured brought breach of contract and bad faith claims against its title insurer. After a lengthy process from the time the claim was made to the time the insurer paid another party...

 

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...

 

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...

 

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...

 

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...

 

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....

 

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...

 

HTMLInsurer Entitled To Attorney’s Fees Against Other Insurer In Declaratory Judgment Action; Claim Of Unclean Hands Rejected (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 24, 2015
In Carolina Casualty Insurance Company v. Travelers Property Casualty Company, the plaintiff insurer brought a declaratory judgment action against two other insurers. It sought a judgment that it owed no defense or coverage obligations in connection with an underlying claim. The defendant insurers...

 


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