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HTMLCourt Gives Parties 60 Days to Do Discovery to Determine If Policy Falls Within Safe Harbor to ERISA Preemption (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 26, 2014
In Van Arsdel v. Liberty Mutual Insurance Company, the insurer sought dismissal of state law claims, including bad faith, based upon ERISA pre-emption. The insured responded that there were questions of fact as to whether ERISA covered the insurance at issue or whether it fell under ERISA’s...

 

HTMLFlorida Insurer Solvency, Linked Confidentiality Laws Effective October 1, 2014
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 8, 2014, previously published on October 2, 2014
Two linked Florida bills that adopt National Association of Insurance Commissioners ("NAIC") accreditation standards for insurer solvency became effective yesterday, October 1, 2014, unless otherwise provided.

 

HTMLLouisiana Insurance Commissioner Jim Donelon Reviews 2014 Legislation at September Property and Casualty Insurance Meeting
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 8, 2014, previously published on October 2, 2014
The Louisiana Property and Casualty Insurance Commission ("LPCIC") met this month on the status of Louisiana's residual and voluntary property insurance markets, the Louisiana Department of Insurance reported in its September 2014 newsletter. As part of the agenda, Louisiana Insurance...

 

HTMLInsurer’s Arguments that Bad Faith Statute Did Not Encompass Policy Solicitation Conduct or Post-Claims Underwriting Were Inapposite Where Insured Alleged that Insurer Used Allegedly Fraudulent Application Forms as a Basis to Deny Coverage (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 30, 2014
In Fields v. Gerber Life Insurance Company, the case involved an out-of-state insurer licensed to sell endowment life insurance policies, marketed as college savings plans, through the internet and telephone. Plaintiff obtained a policy for her seriously infirm infant grandson. She was forthcoming...

 

HTMLAfter Jury Verdict for Disability Insurer in Bad Faith Case, Court Found that (1) Limited Disclosure of Evidence on Regulatory History Was Within The Court’s Discretion; (2) Allowing Wide Latitude on Cross of Expert Met Daubert; And (3) Jury Had Sufficient Evidence, Taken in Light Most Favorable to the Verdict Winner, to Rule as It Did (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 29, 2014
In Leporace v. New York Life and Annuity Corp., involving a disability policy, the jury found for the insurer on the contractual and statutory bad faith claims. In summarizing the law on both causes of action, Judge Baylson looked to Judge McLaughlin’s Dewalt opinion in addressing the...

 

HTMLMissouri Department of Insurance Names Mary Johnson as New Chief of Investigations
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 8, 2014, previously published on October 2, 2014
The Missouri Department of Insurance ("Department") announced today, October 2, 2014, that Mary Johnson has been appointed to the position of Department Chief of Investigations.

 

HTML(1) Statutory Bad Faith Claim Sufficiently Pleaded Because Plaintiff Alleged Basis for Unreasonable Cancellation; (2) No Statutory Bad Faith Actionable Against a Broker Who is Not an Insurer; (3) No Breach of Fiduciary Duty Claim Pleaded that Goes Beyond Contract Claim for Duty of Good Faith and Fair Dealing (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on October 1, 2014
In Kofsky v. Unum Life Insurance Company of America, the insured purchased a disability insurance policy. He alleged that the defendants, the insurer and the insured’s broker, unilaterally cancelled his insurance policy without prior notice. Thereafter, the insured claimed that he still...

 

HTMLCourt Determines Time When Insurer Reasonably Anticipated in Litigation in Deciding Discovery Disputes Over Work Product Protection vs. Discoverable Ordinary Business Records; Sides With Those District Courts in the Third Circuit Allowing for Discovery of Reserves; And Refuses to Allow Mere Allegation of Bad Faith to Blow Up Work Product Protections (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 23, 2014
In Borgia v. State Farm Mutual Automobile Insurance Co., the court addressed discovery disputes in the context of UIM breach of contract and bad faith claims, based on refusal to pay the $750,000 policy limits and alleged unreasonable delays in claim processing. The insured had sustained serious...

 

HTMLWhere Insured Gave Materially Inaccurate Written Information in Insurance Application, Even If She Gave Correct Information Orally to Insurer’s Agent, Insurer Had a Reasonable Basis to Decline Coverage, And So There Could Be No Viable Bad Faith Claim (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 26, 2014
In Jones v. State Farm Fire & Casualty Company, the insured suffered a fire to a home. At the time, the home was not her primary residence, and it was being renovated. The insured claimed that prior to obtaining the insurance policy at issue, she informed the insurer’s agent of this fact,...

 

HTMLFlorida Office of Insurance Regulation Approves Removal of up to 215,488 Policies from Citizens
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 7, 2014, previously published on October 1, 2014
The Florida Office of Insurance Regulation ("OIR") announced today, October 1, 2014, that it has approved the removal of up to 211,080 personal residential policies and 4,408 commercial residential and non-residential polices from Citizens Property Insurance Corporation...

 


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