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

 







Document(s) published by this organization: 98


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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...

 

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...

 

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...

 

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...

 


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