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HTMLFifth Circuit Upholds Insurer’s Right to Choose Counsel When Defending under a Reservation of Rights
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on July 2, 2014
Last Tuesday, the Fifth Circuit applied the rule of Northern County Mut. Ins. Co. v. Davalos, which holds that an insurer who defends an insured under a reservation of rights retains the right to control the defense by selecting counsel, unless the facts to be adjudicated in the liability suit are...

 

HTMLDallas Federal Court Dismisses Claims for Equitable Subrogation against Three Primary Insurers
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on June 11, 2014
A Federal District Court Judge in Dallas recently granted motions to dismiss claims against three primary insurers in a suit seeking equitable subrogation for amounts paid to settle a construction defect case. In Trammell Crow Residential Co. v. St. Paul Fire Ins. Co., No. 3:11-CV-2853-N (N.D. Tex....

 

HTMLHouston Appeals Court Sides with Agents in Hurricane Ike Failure-to-Procure Dispute
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on June 11, 2014
In Houstoun, Woodard, Eason, Gentle, Tomforde & Anderson, Inc. v. Escalante's Comida Fina, Inc.., 01-11-00746-CV (Tex. App. - Houston [1st Dist.], June 3, 2014), the Houston First Court of Appeals reviewed a jury finding against insurance agents concerning damages related to Hurricane Ike....

 

HTMLHouston Court Of Appeals Affirms Commercial Ike Damage Award & Finding of Knowing Conduct
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on July 2, 2014
In the wake of a policyholder verdict which included findings of Insurance Code violations and knowing conduct by the insurer, Houston’s Fourteenth Court of Appeals affirmed the verdict in most respects last Thursday. This result will very likely be appealed to the Supreme Court of Texas and...

 

HTMLBerks County Trial Judge Awards $18,000,000 in Punitive Damages and $3,000,000 in Attorney’s Fees and Costs (Berks County Court of Common Pleas)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 10, 2014, previously published on July 4, 2014
Following in temper the trial court judges’ decisions in Hollock v. Erie Insurance Exchange, 54 Pa. D.&C. 4th 449 (C.C.P. Luzerne 2002), and Corch Construction Company v. Assurance Company of America, 64 Pa. D.&C. 4th 496 (C.C.P. Luzerne 2003), a Berks County Judge has issued a decision...

 

HTMLConclusory Legal Allegations are Insufficient to State Bad Faith Claim under Twombly/Iqbal, But Court Gave Plaintiff Opportunity to Amend and Cure Pleading Deficiencies (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 10, 2014, previously published on June 27, 2014
In Warnstorff v. State Farm Automobile Insurance Company, the insured brought a bad faith claim against its carrier for unreasonably delaying the evaluation of her underinsured motorist claim, and withholding payment. The plaintiff alleged four specific actions in her complaint which she claimed...

 

HTMLAttorney Insured’s Breach of Contract and Bad Faith Claims Dismissed under Prior Knowledge Exclusion in Malpractice Policy Where Dragonetti Action Against Attorney and the Clients Bringing Subsequent Malpractice Suit Created Objectively Reasonable Basis to Know of Potential Malpractice Claim (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 10, 2014, previously published on June 25, 2014
In Ettinger & Assocs., LLC v. Hartford/Twin City Fire Ins. Co., the court addressed coverage under an attorney’s professional liability policy. The initial events concerned a suit against a realtor, who purportedly failed to inform his clients correctly about the zoning of a lot adjacent...

 

HTMLInsurer Successful in Dismissing Bad Faith Claim and in Obtaining Indemnification from Insurance Agent (Philadelphia County Common Pleas)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 10, 2014, previously published on July 2, 2014
In Markus v. Infinity Indem. Ins. Co., the defendant insurance agency sought appeal of an order denying its Motion for Post-Trial Relief. The underlying action involved a motor vehicle accident in which Plaintiff’s brother was driving her vehicle. Plaintiff’s claim was ultimately denied...

 

HTMLWhat Happens When The Limitations Provision in the Plan As Applied Creates An Impossible Accrual Date?
Violet H. Borowski, Mark E. Schmidtke; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 9, 2014, previously published by          on June 29, 2014
Approximately six months ago, the Supreme Court of the United States, in Heimeshoff v. Hartford Life & Accident Insurance Co., 134 S. Ct. 604 (2013), addressed whether an employee benefit plan covered by the Employee Retirement Income Security Act (ERISA) may include a particular limitations...

 

HTMLSCOTUS Affirms Bankruptcy Court Authority and Expounds Approach to Adjudicating Stern Claims
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 9, 2014, previously published on June 2014
In Executive Benefits Insurance Agency v. Arkison, the Supreme Court clarified their 2011 holding in Stern v. Marshall, 131 S. Ct. 2594 (2011). Under Stern, bankruptcy courts no longer had the authority to enter judgments in certain “core” bankruptcy claims, a power that Article III of...

 


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