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HTMLVictory On Coverage Issues, On Ambiguous Basis, Did Not Preclude Bad Faith Against Primary And Excess Insurers Concerning Duty To Defend Or Settle; Conduct Of Defense Counsel In Deciding Not To Request Special Interrogatories Remained An Issue; And Insured¿s Expert Testimony Was Excluded On Issue Of Actual Conflict In Appointing Defense Counsel, But All Experts Could Otherwise Testify (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 15, 2014, previously published on September 1, 2014
In Charter Oak Insurance Company v. Maglio Fresh Foods, a primary and excess carrier sought declaratory judgments that they owed the insured no coverage duty under their policies. The insured counterclaimed for bad faith. The parties agreed to let the court decided the coverage issues before...

 

HTMLWhere Policy Exclusion Was Clear, And Insureds Offered No Actual Facts To Meet Their High Burden To Prove That Insurer’s Position Lacked A Reasonable Basis, Summary Judgment Was Granted To The Insurer On Bad Faith Claim (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 15, 2014, previously published on August 31, 2014
In Leitner v. Allstate Insurance Company, the insureds alleged bad faith on the basis of improper denial of their claim and/or unreasonable delay in the investigation process. The court cited the bad faith statute and the standards imposed by case law, emphasizing the “high bar” an...

 

HTMLCourt Rules That Attorney Client Privilege Does Not Apply Where Attorney Acts As A Claims Investigator; But Rejects The Insured's "Theory Of Wholesale Waiver" Where Insurer Denies Acting In Bad Faith In Answer And Where Legal Opinion Affects Adjuster's Mind, In Absence Of Advice Of Counsel Defense; And General Admonition That Each Redacted Item Must Be Analyzed Individually By Counsel (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 15, 2014, previously published on September 2, 2014
In Henriquez-Disla v. Allstate Property & Casualty Insurance Company, the insured brought bad faith and fraud claims against its insurers. There were two discovery issues: (1) whether certain communications in the case involving a lawyer were subject to the attorney client privilege or whether...

 

HTMLCourt of Appeal Allows Action Against Police and Crown to Continue: Phillion v. Ontario (Attorney General), 2014 ONCA 567
Adriana De Marco; Borden Ladner Gervais LLP;
Legal Alert/Article
September 15, 2014, previously published on September 10, 2014
The plaintiff was convicted of murder in 1972. He protested his innocence over the next several decades. He was eventually able to re-open his case and received previously undisclosed and potentially exculpatory alibi evidence. The plaintiff’s conviction was ultimately quashed on a reference...

 

HTMLProperty Casualty Insurers Association of America Secures Important Federal Court Victory In Fair Housing Act's Discriminatory Effects Standard Relating to Homeowners Insurance
Maria Elena Abate; Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, P.A.;
Legal Alert/Article
September 12, 2014, previously published on September 9, 2014
Led by the Property Casualty Insurers Association of America ("PCI"), the insurance industry won an important federal court victory on September 3, 2014 in an Illinois U.S. District Court battle against the U.S. Department of Housing and Urban Development ("HUD"). PCI had filed...

 

HTMLFlorida Citizens Property Insurance Statewide Average Homeowners Rate to Decrease 3.7 Percent
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 12, 2014, previously published on September 5, 2014
The Florida Office of Insurance Regulation ("OIR") has established the 2015 rates for Citizens Property Insurance Corporation ("Citizens"), the State-run property insurer. Pursuant to the OIR Order issued today, September 5, 2014, the statewide average homeowners rate will...

 

HTMLNew Title Insurance Endorsements: One Size Does Not Fit All
Lillian E. Eyrich; Steeg Law Firm, LLC;
Legal Alert/Article
September 12, 2014
Title insurance is a standard requirement in most real estate transactions and the importance to both lenders and property owners of properly underwritten title insurance is crucial. In this article, Lillian E. Eyrich, a senior associate and title insurance attorney at Steeg Law, provides an...

 

HTMLFourth District Court of Appeal Rules Bad Faith Claim May Proceed Even In Absence of Breach of Contract
Maria Elena Abate; Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, P.A.;
Legal Alert/Article
September 12, 2014, previously published on September 9, 2014
On September 3, 2014, in an en banc decision, the Fourth District Court of Appeal expressly stated that an insured may proceed with a bad faith claim even when there has been no determination that the insurer has breached any contractual duties. Cammarata v. State Farm Fla., Ins., 2014 WL 4327948...

 

HTMLUnder the Right Circumstances, an Insured Entitled to “Independent Counsel” in California Can Retain More Than One Firm
Carey B. Moorehead; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 8, 2014, previously published on September 5, 2014
In a case of first impression, a California District Court has ruled that California law does not preclude an insured from retaining multiple law firms as independent or Cumis counsel where the insurer is defending under reservation of rights. The court’s ruling came in the case of Signal...

 

HTMLCovenants to Insure
Michael Nienhuis, Will Skinner; McCarthy Tétrault LLP;
Legal Alert/Article
September 8, 2014, previously published on September 5, 2014
In most commercial leases, the landlord and tenant obligate themselves to obtain policies of insurance against certain risks. This often includes, for the landlord, property insurance for the building and boiler equipment, liability and property policies for the landlord’s operations in the...

 


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