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HTMLSummary Judgment Granted On Bad Faith Claim Where Investigation Was Reasonable, Delays Attributable To Both Parties, And Where Insurer Engaged Experts That Resolved Any Contradiction By Its Prior Expert On Need For Replacement Over Repair (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 4, 2014, previously published on March 30, 2014
Moran Industries v. The Netherlands Insurance Company involved numerous disputes between the insured and the insurer over the extent of fire damage to a building and the terms of an insurance policy. The carrier claimed there was a contractual two year limitations period for bringing a claim, and...

 

HTMLInsured's Concealment Of Fact That Manufacturer Paid For Loss Despite Making Claim And Receiving Funds From Carrier Could Not Create Bad Faith In Carrier, But Did State A Colorable Claim Against Insured's Under Fraud Prevention Action (New Jersey Appellate Division)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 4, 2014, previously published on March 31, 2014
In AIG Casualty Company of New York v. Walsh, AIG’s policy required it to pay for losses to a damage yacht engine, less a deductible, and it did so. However, the manufacturer replaced the engine at no cost. The carrier sought return of the funds paid, as there was no loss, and the insureds...

 

HTMLGeorgia District Court Judge Rules that FIRREA Precludes D&O Insurer Declaratory Judgment Actions Against FDIC as Receiver and Insured D&Os
Keith J. Barnett, Maia Cogen, Gabriel A. Mendel, W. Scott Sorrels, Yvonne M. Williams-Wass; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 4, 2014, previously published on April 2, 2014
On March 5, 2014, Judge Richard Story in the United States District Court for the Northern District of Georgia issued an order denying Plaintiff OneBeacon Midwest Insurance Company’s (OneBeacon) Motion for Limited Reconsideration, Leave to Amend, and for Clarification—notably holding...

 

HTMLCourt Denies Carrier's Summary Judgment Motion Because Insured Alleged Conduct Which A Jury Could Find Amounts To Bad Faith (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 4, 2014, previously published on April 3, 2014
In Universal Underwriters Ins. Co. v. J. Murray Co., an insured automotive dealer, service center, and financier purchased an insurance policy from the defendant-carrier to insure property at its place of business. During Tropical Storm Lee in September 2011, the insured suffered $1,700,000 in...

 

HTMLCourt Would Not Dismiss Bad Faith Claim At Pleading Stage Based On Insurer's Claim That It Relied Upon Expert Report (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 4, 2014, previously published on March 31, 2014
In Aldsworth v. State Farm Fire & Casualty Co., the insured initially claimed that they suffered water infiltration in their home after a wind and rain storm damaged the roof. The insurer sent out an engineer. The engineer concluded that the cause of the loss was a construction defect on the...

 

HTMLAlabama Supreme Court Reverses Prior Ruling, Joins Majority of States' Opinion that Damage From Poor Workmanship Qualifies as an 'Occurrence'
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
April 4, 2014, previously published on April 2, 2014
When faulty construction of an Alabama residence was alleged to have led to water leakage and extensive damage in other parts of the home, the general contractor's insurance company contended that none of that loss resulting from the poor workmanship qualified as an "occurrence" under the...

 

HTMLFlorida Office of Insurance Regulation Officials Hold Informal Reinsurance Collateral Discussion
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
April 4, 2014, previously published on April 2, 2014
A Florida Office of Insurance Regulation ("OIR") Rule Development Workshop to address proposed changes to Florida's reinsurance collateral regulations scheduled for today, April 2, 2014, was not held, inasmuch as no formal public request to do so had been made.

 

HTMLUnited States District Court for the District Of Maryland Finds That Insured Can Plead Quasi-Contract Claims alongside Claims for Breach of Express Contract
Wayne C. Heavener; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
April 2, 2014, previously published on March 2014
In American Home Assurance Company v. KBE Building Corporation, the United States District Court for the District of Maryland denied an insurer's motion to dismiss quasi-contract and tort claims brought by an insured in a coverage dispute case. Writing for the Court, Judge Catherine C. Blake held...

 

HTMLNo Liability For Potholes
Jonathan Chen; Borden Ladner Gervais LLP;
Legal Alert/Article
April 2, 2014, previously published on April 1, 2014
The Ontario Superior Court of Justice recently dismissed an action against the Municipality of Dutton/Dunwich (the “Municipality”) for failing to maintain a gravel roadway in a claim arising from a motor vehicle accident. The trial dealt solely with liability as damages had previously...

 

HTMLInternational Insurance Relations (G) Committee Spring NAIC Meeting
Zachary N. Lerner; Edwards Wildman Palmer LLP;
Legal Alert/Article
April 1, 2014, previously published on March 31, 2014
The International Insurance Relations (G) Committee (the “Committee”) Spring NAIC Meeting focused primarily on providing updates to efforts made in the international sphere by the NAIC. Commissioner Consedine of Pennsylvania gave an update on the International Association of Insurance...

 


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