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HTMLWorker’s Compensation for the Colorado State Trooper: U-Coverage and your Insurance Company (Part 3 of 3)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 24, 2015
NO. Even though your U-coverage is purchased and invoked under your personal car insurance policy, your car insurance company may challenge your right to recover under your U-policy. As a result, we may need to file a lawsuit against your insurance company to ascertain fair compensation under your...

 

HTMLBad Faith Insurance Litigation Lingers in Wake of Waldo Canyon Fire
Thomas W. Henderson; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on January 28, 2015
While the Waldo Canyon forest fire occurred almost two and a half years ago, the harrowing inferno has receded little in the memories of those affected by it. The massive fire started four miles away from Colorado Springs and raged on for over two weeks before officials finally declared that it had...

 

HTMLWorker’s Compensation for the Colorado State Trooper: Personal Injury and Subrogation (Part 2 of 3)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 19, 2015
If you have a workers’ compensation injury that is due to another person’s negligence, workers’ compensation is allowed by law to seek recovery from the money they provided in the course of your workers’ compensation claim. As a result, workers’ compensation gets to...

 

HTMLInsurer’s Over-Reaching Use of Pollution Exclusion Allowed by Colorado Supreme Court
Thomas W. Henderson; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 20, 2015
The Colorado Supreme Court last month agreed with an insurance company’s argument that the pollution exclusion in a liability policy applied to cooking grease.

 

HTMLInsurance Law: Enforcing Claims from the Insurance Policy
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
March 26, 2015, previously published on March 26, 2015
It is crucial both in one’s private life and in business to cover oneself against damage and loss. It is not, however, always easy to enforce claims from an insurance policy if damage or loss has occurred.

 

HTMLDoes Florida's Statutory Duty to Disclose Insurance Information Apply to Claims Arising Under Out-Of-State Policies?
Fay E. Ryan; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
March 25, 2015, previously published on February 10, 2015
One of the most common questions I get from out-of-state insurers is whether they are required to honor a claimant’s request for disclosure of insurance information under Florida Statute 627.4137. If the applicable policy was not delivered in Florida or issued for delivery in Florida, the...

 

HTMLCourt Dismisses Boilerplate Bad Faith Claim With Prejudice, As No Conceivable Basis To Cure By Amendment (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
In Williams v. USAA Cas. Ins. Co., the plaintiffs (an injured driver and two passengers in her car) brought an uninsured motorist claim against the injured driver’s insurer. The court found that the putative count for violating the UIM law was actually pleaded as a claim for breach of the...

 

HTMLNo Breach Of Duty Of Good Faith And Fair Dealing Where No Bad Faith Or Ill Motive Pleaded, Which Are Essential Parts Of The Claim (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 4, 2015
In Dean v. New England Mutual Life Insurance Company, the plaintiff’s claims concerned allegations of life insurance payments under her ex-husband’s policy directly to their daughters, rather than to her, individually, or to her as trustee for her daughters. A judgment of divorce had...

 

HTMLInternal Revenue Service finds Contracts protecting against Foreign Currency Fluctuations not to be Insurance
Christopher M. Flanagan, Rebecca Melaas; Edwards Wildman Palmer LLP;
Legal Alert/Article
March 25, 2015, previously published on March 23, 2015
Companies looking to establish insurance coverage, especially in situations involving a captive type of arrangement, will, as always, need to focus on the qualification of the coverage as insurance for U.S. federal income tax purposes. While this traditionally involves an analysis of the risk...

 

HTMLAlleged Breach Of Duty To Identify Insurer’s Risk Of Exposure To A Bad Faith Claim For Failure To Settle Sounds In Negligence, Not Contract (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
In New York Central Mutual Ins. Co v. Margolis Edelstein, the insurer alleged that its attorney failed to give it proper advice as a client, concerning settlement of a claim. Among other things, the insurer’s complaint alleged: that the attorney “agreed to perform legal services for...

 


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