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Documents on insurance
 

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HTMLCourt Overturns Trial Court’s Grant of Summary Judgment Because Innocent Spouse Was Victim of Abuse, Remands for Determination of Bad Faith (Superior Court)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
May 17, 2013, previously published on May 10, 2013
In Lynn v. Nationwide Ins. Co., the court heard an insured’s appeal from the trial court’s summary judgment in favor of the carrier, ruling that the insured’s policy had been cancelled. The case arose after the insured’s estranged wife, a co-insured, attempted to cancel an...

 

HTMLCourt Rules that Carrier Has No Duty to Notify Insured of Provision in Policy for Reimbursement of Lost Wages and Travel Expenses (Superior Court)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
May 17, 2013, previously published on May 10, 2013
In Albert v. Erie Ins. Exch., an insured appealed a decision of the trial court that granted the carrier’s motion to dismiss the insured’s claims. Specifically, the insured claimed that the carrier’s failure to reimburse her for lost wages and travel expenses, which the insured...

 

HTMLThe Amazing Disappearing “Accident” Requirement in Occurrence-Based Liability Policies
Christopher M. Garcia; Hinshaw & Culbertson LLP;
Legal Alert/Article
May 17, 2013, previously published on May 15, 2013
In the recent Second Circuit case of Scottsdale Insurance Company v. R.I. Pools, Inc., 2013 WL 1150217 (2nd Cir. 2013), the court concluded that faulty workmanship claims constitute an “occurrence” under a commercial general liability (CGL) policy where there is an exception in the...

 

HTMLCourt Refuses to Hold that Carrier Acted under Color of State Law; Disagrees with Plaintiff that Carrier Acted in Bad Faith
Fineman Krekstein Harris P.C.;
Legal Alert/Article
May 17, 2013, previously published on May 10, 2013
In Andrekovich v. PennPrime Liab. Trust, the plaintiff was a police officer whose employment was terminated after a prisoner in his custody died. The officer filed suit against the borough for which he worked, the borough’s liability insurance carrier and two attorneys appointed by the...

 

HTMLCourt Dismisses Class Action Complaint, Rules That Bad Faith Conduct Before the Formation of an Insurance Contract Is Not Actionable (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
May 17, 2013, previously published on May 10, 2013
In Grudkowski v. Foremost Ins. Co., the court heard a carrier’s motion to dismiss an insured’s amended class action complaint, which alleged breach of contract, unfair trade practices, unjust enrichment, and bad faith claims. The claims arise from a classic car policy that the insured...

 

HTMLCourt Largely Precludes Expert Testimony; Grants Summary Judgment to Carrier Because Delay in Payment was Not in Bad Faith and Carrier’s Initial Failure to Properly Issue Tax Remittance Check was Mere Negligence; Difference in Valuations and Terms for Determining Cost Not Bad Faith (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
May 17, 2013, previously published on May 10, 2013
In Mirarchi v. Seneca Specialty Ins. Co., the court heard cross motions for summary judgment from a carrier and its insured, stemming from the insured’s suit for breach of contract and bad faith. The insured alleged that the carrier unreasonably delayed the payment of insurance proceeds after...

 

HTMLWhy You Need Uninsured Motorist Coverage
The Law Office of Kevin P. Landry P.C.;
Legal Alert/Article
May 17, 2013, previously published on Fall 2012
Providence RI attorney Kevin Landry explains why residents need uninsured motorist coverage - and the devastating consequences not having enough.

 

HTMLInsurance Producer Owed No Duty to Additional Insured to Notify Excess Carrier
Donald A. O'Brien; Hinshaw & Culbertson LLP;
Legal Alert/Article
May 17, 2013, previously published on May 15, 2013
Defendant was the insurance producer for a policy issued to an insured. There was an additional insured under that policy. An additional insured claims administrator sent the insurance producer a complaint and a request for coverage under the policy and tender of defense. The additional insured...

 

HTMLFlorida Public Adjusters' Ethics, Conduct Rule Revisions Under Review Include Definition of 'Direct Supervision'
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
May 16, 2013, previously published on May 10, 2013
Yesterday, May 9, 2013, the Florida Department of Financial Services' Division of Insurance Agents and Agency Services ("IAAS") held a Rule Hearing to propose amendments incorporating legislative changes to Part VI of Chapter 626, F.S.

 

HTMLFlorida Senator Wilton Simpson to Host May 20-21 Citizens Property Insurance Policyholder Forums in New Port Richey, Spring Hill
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
May 16, 2013, previously published on May 10, 2013
Florida Senator Wilton Simpson will host all-day Citizens Property Insurance Corporation ("Citizens") Policyholder Forums on May 20 and 21, 2013, from 9:00 a.m. to 5:00 p.m. at the Pasco Hernando Community College campuses in New Port Richey and Spring Hill, Florida.

 


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