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Fineman Krekstein Harris P.C. Document Search Results (94)

 

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HTMLWhere Insurer Denies Claim, And Insured Settles With Tortfeasor, Court Observes That If Insurer's Denial Is In Bad Faith There Is An Equitable Waiver Of Its Subrogation Claim (New Jersey Appellate Division)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
February 17, 2015, previously published on December 27, 2014
In Nucci v. American Insurance Company, New Jersey’s Appellate Division addressed an insurer’s subrogation rights where it had originally denied coverage, was subject to suit for non-payment, and the insured partially settled the matter with another co-defendant whom had caused the...

 

HTMLPennsylvania Supreme Court Rules That Statutory Bad Faith Claims May Be Assigned, Focusing On Legislative Intent And Remedial Nature Of Statute (Supreme Court of Pennsylvania)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
February 17, 2015, previously published on December 17, 2014
In Allstate Property and Casualty Ins. Co. v. Wolfe, the Third Circuit had certified the issue to the Supreme Court of Pennsylvania as to whether an insured may assign the right to recover damages from his insurance company deriving from the insurer’s bad faith toward the insured, under 42...

 

HTMLFederal Court Interprets Statutory Requirements Of Underinsured Waiver Rejection; Insured Does Not Need To Date Form For It Be Valid And Insureds' Claims Dismissed (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
February 17, 2015, previously published on December 19, 2014
Husband and wife plaintiffs allege their vehicle was involved in an accident, the damages resulting from the collision exceeded the amount of insurance recovered from the tortfeasor, that they made a claim to their insurer for underinsured motorist coverage, and that the insurer wrongfully and in...

 

HTMLNo Assignment Clause Does Not Bar Coverage Where Insured Undergoes A Statutory Merger; Insurer Required To Pay Counsel Fees, Even In Absence Of Bad Faith (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
December 15, 2014, previously published on December 4, 2014
In Lime Tree Assocs., LLC v. Burlington Ins. Co., the court considered whether an insurer had properly denied coverage under a ‘no assignment’ clause in the policy, where the underlying insured-company underwent a statutory merger, resulting in a surviving LLC. Under New Jersey law,...

 

HTMLNew York Judge Dismisses Third Party Disclosure Suit and States That the FDCPA is Clearly Out of Touch with Modern Communication Technology
Fineman Krekstein Harris P.C.;
Legal Alert/Article
December 15, 2014, previously published on December 2, 2014
In Zweigenhaft v. Receivables Performance Management (“RPM”), the Plaintiff alleged that RPM violated the FDCPA by leaving a voicemail message on the Plaintiff’s home phone. Zweigenhaft v. Receivables Performance Mgmt., LLC, 2014 U.S. Dist. LEXIS 160441, at *6-7 (E.D.N.Y. Nov. 13,...

 

HTMLInsured Failed To Plead Sufficient Facts To Make Out Bad Faith Claim Where Partial Payment Made By Carrier, But Leave To Amend Granted (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
December 5, 2014, previously published on November 11, 2014
In Stephens v. State Farm Fire & Cas. Co., a husband and wife brought suit against their homeowners’ insurance carrier alleging breach of contract, statutory bad faith, and a claim under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law. Plaintiffs alleged they...

 

HTMLExcess Insurer Had No Duty to Post Appeal Bond and Could Not Be Liable in Bad Faith for Failing to Do So; Court Observes that Proof of Bad Faith is More Difficult Where Law at Issue On Coverage is Unsettled (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 4, 2014
In the most recent decision in Charter Oak Ins. Co. v. Maglio Fresh Food, which has been discussed at length in previous postings in 2013 and 2014, the Court addressed claims against the excess insurer after holding a short non-jury trial. It concluded that under the unique circumstances of that...

 

HTMLMSP Private Action Allowed to Advance Prior to Resolution of Underlying Obligation
Fineman Krekstein Harris P.C.;
Legal Alert/Article
November 17, 2014, previously published on October 28, 2014
In Nawas v. State Farm Mut. Auto. Ins. Co., 2014 U.S. Dist. LEXIS 128365 (E.D.Mich. 2014), the Eastern District of Michigan allowed Plaintiff to recover double damages under the Medicare Secondary Payer Act prior to a judicial determination that the insurer was obligated to pay the claim.

 

HTMLCarrier’s Investigation and Denial Of UIM Benefits Following Payment of First Party Medical Claim Not Bad Faith; Neither Length of Investigation Alone Nor Disputing Causation After Not Making it an Issue in Original Claim Create Bad Faith Per Se (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 7, 2014
In Shaffer v. State Farm Mut. Auto. Ins. Co., plaintiff and his wife brought a bad faith claim against their carrier after being denied UIM coverage, following payment of medical coverage on a first party claim. The claim resulted from a motor vehicle accident in which the other driver was...

 

HTMLSixth Circuit Allows Estate to Recover Double Damages in Private Action, Despite Carrier Reimbursing Conditional Payment Amount to Medicare
Fineman Krekstein Harris P.C.;
Legal Alert/Article
November 2, 2014, previously published on October 7, 2014
A recent case out of the Sixth Circuit, Estate of McDonald v. Indemnity Insurance Co., 2014 U.S. Dist. LEXIS 121902 (6th Cir. Sept. 2, 2014), created new precedent in terms of private MSP actions by granting an Estate double damages in an action against a worker’s compensation carrier despite...

 


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