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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,...

 

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,...

 

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...

 

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...

 

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.

 

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...

 

HTMLNo Bad Faith in UIM Case Where Insurer Correctly Determined Coverage Based On Insureds’ Contractual Choice to Limit Uim Amounts, and Where No Other Form of Bad Faith Aside From Coverage Denial Was Pleaded (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 22, 2014, previously published on October 16, 2014
In Davis v. Allstate Property & Casualty Company, the UIM plaintiff brought claims for breach of contract and bad faith, based upon an alleged failure to pay $600,000 in connection with a fatal car accident. The court found, however, that the insureds had complied with all the requirements...

 

HTMLCourt Refuses To Bifurcate Bad Faith And Uim Claims Where Significant Factual Overlap Exists (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 14, 2014
In Hoffer v. Grange Insurance Company, the court addressed the insurer’s request to bifurcate the bad faith and UIM claims. The insured had settled with the other driver and made a UIM claim to his carrier. The insurer denied the claim on the basis that the insured was the one responsible for...

 

HTMLNew Jersey Trial Judge Dismisses Bad Faith Claim Where Disputed Facts Would Not Permit Insured To Obtain Summary Judgment On Substantive Coverage Claims (New Jersey Law Division, Bergen County)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 10, 2014
In Omega Financial Services v. Aspen Specialty Insurance Company, a New Jersey Superior Court Law Division case, the court addressed whether a mortgage broker’s claims for indemnification were excluded under its professional liability policy, as well as the insured’s bad faith claim....

 


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