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Fineman Krekstein Harris P.C. Document Search Results (103)

 

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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...

 

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...

 

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...

 

HTMLNew Jersey Supreme Court Finds No Bad Faith Where Insurer Relied Upon Unpublished Appellate Division Opinion In Taking Action, And Where Policy Language Made Insurer’s Position Fairly Debatable; Court Restates New Jersey Law On First Party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...

 

HTMLNew Jersey Appellate Division Makes Clear That Proper Practice Requires Severing Bad Faith Claim From Uninsured Motorist Claim, And Staying Discovery Of The Bad Faith Claim Until The Underlying Claim Is Determined (New Jersey Appellate Division)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 26, 2015
In Wacker-Ciocco v. GEICO, the court addressed the applicability of its earlier decision in Procopio v. Government Employees Insurance Company, 433 N.J. Super. 377, 80 A.3d 749 (App. Div. 2013), on the issue of discovery and severance of bad faith claims. In the earlier case, the appellate court...

 

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...

 

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...

 

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...

 

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....

 

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.

 


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