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

 







Document(s) published by this organization: 100


View Page: 1  2  3  4  5  6  7  8  9  10  Next  
Show: results per page
Sort by:

HTMLThe Third Circuit Requires Plaintiff in Liability Settlement to Reimburse the Government For Conditional Medical Payments
Fineman Krekstein Harris P.C.;
Legal Alert/Article
August 19, 2014, previously published on August 13, 2014
In Taransky v. Sebelius, the Court of Appeals for the Third Circuit held that Taransky, the plaintiff in the underlying personal injury lawsuit, was required to reimburse Medicare for the conditional medical expenses it advanced on her behalf. No. 13-3483, 2014 U.S. App. LEXIS 14408 (3d Cir. July...

 

HTMLThere is No Bad Faith Claim Where the Breach of Insurance Contract Claims Failed Either Because there was No Coverage or Insurer’s Position was Reasonable; Contract Claims against the Insured Contractor Failed Because they Do Not Constitute an Occurrence under Kvaerner or as "Subcontracted Work Property Damage"; or are Subject to CGL Exclusions J(5) and J(6), and Conduct at Issue is Outside Products Completed Operation Hazard; And there is No Duty to Defend in the Absence of a Suit (Third Circuit and Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
August 5, 2014, previously published on August 1, 2014
In Allegheny Design Management v. Travelers Indemnity Company of America, the insured was a general contractor with a commercial general liability policy. It hired a subcontractor to install glass and another to clean the glass that was to go in the new construction of a store. After installation,...

 

HTMLInsureds Failed To Plead Any Facts to Support a Plausible Bad Faith Claim in UIM Case, Court Giving Examples of Failures in Pleading, But Gives Leave to Amend; Court States Fiduciary Relationship Only Exists Between Insured and Insurer in Limited Circumstances (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
August 1, 2014, previously published on July 29, 2014
In Flynn v. Nationwide Insurance Company of America, the insured brought a UIM claim, alleging breach of contract, lost wages and bad faith, and included within his complaint allegations that the carrier breached its fiduciary duty. The carrier moved to dismiss the bad faith claim, and to strike...

 

HTMLNo Bad Faith Claim Stated Where Court Found No Duty to Pay Benefits; And Further Found that the Complaint Did Not Allege Sufficient Facts to Make Out A Bad Faith Claim Even Had it Ruled Otherwise on Coverage (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 29, 2014, previously published on July 28, 2014
In Hackbarth v. Nationwide Mutual Insurance Company, the insured fell while attempting to enter his car. The court found that ice caused the fall, and the vehicle was not an instrumentality of the injury. Thus, there was no coverage. Thus, it dismissed the insured’s breach of contract...

 

HTMLInsured Adequately Alleged Bad Faith Claims By Pleading Specific Facts Concerning Delays in the Claims Handling Process, a Lack of Communication, And Discrepancy between the Alleged Injury and Settlement Sum Offered (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
In Padilla v. State Farm Mutual Automobile Insurance Company, the plaintiff brought a breach of contract and bad faith claim based on UIM coverage. The insurer took an examination under oath, had a medical examination done, and referred the case to counsel. The plaintiff alleged that the defendant...

 

HTMLCourt Finds That Violation of UIPA Can Not Be Basis for Bad Faith Claim; and Finds That Insured Could Not Meet Clear and Convincing Evidence Standard on Reasonableness Prong of Bad Faith Test (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 22, 2014, previously published on July 20, 2014
In United States Fire Insurance Company v. Kelman Bottles, LLC, property damage occurred for the insured from an event concerning an industrial glass making furnace. The insured’s all risk carrier brought a declaratory judgment action against the insured. The insured also had a Boiler and...

 

HTMLNo Separate Tort Cause of Action for Breach of Duty of Good Faith; Statutory Bad Faith Claim Pleaded Mere Possibility of Bad Faith, Not a Plausible Bad Faith Claim, and Was Dismissed With Leave to Amend (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 22, 2014, previously published on July 19, 2014
In Plummer v. State Firm Fire & Casualty Insurance Company, the insureds made a first party damage claim, involving storm damage to its roof. The insureds claimed that the insurer failed to pay anything toward the roof damage, while paying a claim for roof damage to their neighbor for damage to...

 

HTMLInsurer’s Motion to Dismiss Hospital’s Bad Faith Breach of Contract Claim Denied (New Jersey Federal Court)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
In Conn. Gen. Life Ins. Co. v. Roseland Ambulatory Surgery Ctr., the plaintiff/counterclaim-defendant insurer brought claims against defendant/counterclaim-plaintiff hospital for failure to require patients to pay certain out-of-pocket expenses. The insurer originally brought a claim alleging that...

 

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...

 

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...

 


View Page: 1  2  3  4  5  6  7  8  9  10  Next