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HTMLPennsylvania Supreme Court Issues Opinion On Gist Of The Action Doctrine
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on January 9, 2015
In Bruno v. Erie Insurance Company, the Supreme Court affirmed the existence of the “gist of the action” doctrine. Rather than viewing this as a recent theory, initiated with the Superior Court’s 1992 Bash v. Bell Telephone Company of PA decision, the Supreme Court concluded that...

 

HTMLBad Faith Claim Dismissed Due To Lack Of Factual Support To Make Out A Plausible Claim; Putative Discovery Violations During Litigation Cannot Constitute Basis For Insurance Bad Faith Claim (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on February 5, 2015
In Morrissey v. State Farm Fire & Cas. Co., plaintiffs’ home was damaged by a fire, making it uninhabitable. Their homeowners’ insurance policy provided coverage limits of $220,000 for the house, $165,000 for personal property, and the actual value of the loss of use sustained....

 

HTMLCourt Conducts Close Analysis Of Whether Bad Faith Claim Should Be Remanded, And Finds That Remand Is Proper (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on January 8, 2015
In Plunkett v. Nationwide Mutual Insurance Company, a federal district court was once again faced with a motion to remand a removed bad faith action, where the insured made representations that the case was not seeking in excess of the $75,000 jurisdictional minimum. Specifically, the...

 

HTMLFourth District Reverses Lower Court Ruling in Construction Defect Litigation
John R. Clifford, Edward P. Garson, Gregory D. Hagen, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 18, 2015
On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586.

 

HTMLNew Jersey Appellate Division Reverses Trial Court’s Dismissal Of Insured’s Bad Faith Claim Due To Failure To Comply With Procedural Requirements (New Jersey Appellate Division)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on February 13, 2015
In Citizens United Reciprocal Exch. v. Espinoza, the Appellate Division of the Superior Court reversed and remanded a trial court’s dismissal of an insured’s counterclaim against its insurer alleging bad faith, breach of the duty of good faith and fair dealing, and other claims in a...

 

HTMLBad Faith Claim Stated For Conduct Occurring After Insurance Contract Was Entered, The Court Having Rejected The Argument That The Claim Was In The Nature Of Pre-Contract False Marketing (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on January 8, 2015
In Jacoby v. AXA Equitable Life Insurance Company, it was alleged that the insured purchased a life insurance policy that required an initial series of premium payments on the policy, but thereafter the premiums would be paid from dividends on the policy without the need for separate premium...

 

HTMLWhere No Coverage Is Due An Insurer Has Good Cause To Deny Coverage, And Thus A Bad Faith Claim Cannot Stand (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on January 12, 2015
In Guglielmelli v. State Farm Mut. Automobile Insurance Company, the insured brought breach of contract and bad faith claims seeking damages for bodily injury under an automobile insurance policy. The policy incorporated a “sign-down form,” which reduced the uninsured/underinsured...

 

HTMLUnclaimed Property Issues Under Debate as Uniform Law Commission Rewrites the Uniform Act
Wilson G. Barmeyer, Ellen M. Dunn, Phillip E. Stano, Steuart H. Thomaen, Mary Jane Wilson-Bilik; Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 4, 2015, previously published on March 3, 2015
Proposed revisions to the Uniform Unclaimed Property Act were under debate this past week in Washington, DC as the Uniform Law Commission (ULC or Commission) Committee to Revise the Uniform Unclaimed Property Act (Drafting Committee) continued the process of crafting a new Uniform Act. The Drafting...

 

HTMLIn Coverage Case, Florida Court Expansively Construes Costs To Include Attorney's Fees
David B. Shelton; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
March 4, 2015, previously published on February 05, 2015
In GEICO General Ins. Co. v. Hollingsworth, 2015 WL 376406 (Fla. 5th DCA January 30, 2015), the Fifth District Court of Appeal considered whether GEICO’s automobile insurance policy provided additional coverage for attorney’s fees awarded against the insured pursuant to section 768.79,...

 

HTMLCourt Holds That Change of Policyholder Requires New Offer of UM Coverage
David B. Shelton; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
March 4, 2015, previously published on February 20, 2015
In Chase v. Horace Mann Ins. Co., 2015 WL 686093 (Fla. February 19, 2015), the Florida Supreme Court addressed the amount of uninsured motorist (UM) coverage available under the auto insurance policy. The policy was initially issued in 2001 to Richard Chase as the sole named insured. At that time,...

 


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