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HTMLWhen Close Enough Is Good Enough: Recent Case Law On The Application Of Rule 49
Robin Squires; Borden Ladner Gervais LLP;
Legal Alert/Article
March 13, 2015, previously published on February 3, 2015
Under Rule 49, offers to settle can result in cost consequences if certain requirements are satisfied and if one of the parties “beats its offer”. Two recent Ontario decisions have helped to clarify what offers will satisfy this rule. Both cases stemmed from motor vehicle accidents...

 

HTMLInsurance Coverage for Damaged NYC Tower Crane
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 26, 2015
Readers will recall photos of a tower crane damaged by Hurricane Sandy. Construction of the NYC high-rise building known as One57 was underway when the crane was lashed by hurricane-force winds. The crane jib was apparently blown backwards, and ended up dangling over the counterweight almost 1,000...

 

HTMLPA Supreme Court Clarifies Trigger of Coverage for Injury to Livestock
Michael S. Saltzman, Colin B. Willmott; Goldberg Segalla LLP;
Legal Alert/Article
March 12, 2015, previously published on January 26, 2015
The Supreme Court of Pennsylvania recently interpreted the trigger of coverage applicable to property damage, including the first manifestation and multiple trigger approaches. The Supreme Court held in Pennsylvania National Mutual Casualty Insurance Co. v. St. John, 2014 WL 7088712 (Pa. Dec. 15,...

 

HTMLCourt Affirms Trial Court’s Decision To Void The Policy, But Remands For Trial On State Of Mind Issue For Insurer’s Cause Of Action Under New Jersey’s Insurance Fraud Prevention Act (New Jersey Appellate Division)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2015, previously published on December 26, 2014
In Continental Casualty Co. v. Hochschild, an insured sought coverage for damage to his boat, and the insurer claimed that no coverage was due because of misrepresentations in the insurance application. The Appellate Division found that the policy was to be voided on the basis of equitable fraud,...

 

HTMLBad Faith Claim Futile Based On Discovery Disputes Involving Declaratory Judgment Claim; And Where Policy Provided Insurer A Reasonable Basis To Deny Claim (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2015, previously published on February 3, 2015
In Byars v. State Farm Mut. Auto. Ins. Co., plaintiff sought leave to amend his complaint to add an additional count against the defendant-insurer alleging bad faith. In the proposed amended complaint, Plaintiff alleged the insurer had acted in bad faith during the litigation process in the pending...

 

HTMLWhere Insurer Denies Claim, And Insured Settles With Tortfeasor, Court Observes That If Insurer’s Denial Is In Bad Faith There Is An Equitable Waiver Of Its Subrogation Claim (New Jersey Appellate Division
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2015, previously published on December 27, 2014
In Nucci v. American Insurance Company, New Jersey’s Appellate Division addressed an insurer’s subrogation rights where it had originally denied coverage, was subject to suit for non-payment, and the insured partially settled the matter with another co-defendant whom had caused the...

 

HTMLInsurer Owes No Coverage for Property Damage Due to Late Notice
Sarah J. Delaney, Clayton D. Waterman; Goldberg Segalla LLP;
Legal Alert/Article
March 12, 2015, previously published on February 11, 2015
There was a dispute between the former executives of a dissolved construction company and its insurer over property damages. The executives of the dissolved insured had agreed to a settlement of $420,000 with home owners over allegedly shoddy work performed on their homes in 2006. The insured had...

 

HTMLFederal Insurance Office Issues Reinsurance Report
Aaron J. Aisen, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
March 12, 2015, previously published on January 8, 2015
Among other provisions, Title V of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) authorizes the Federal Insurance Office (the FIO) to monitor all aspects of the insurance industry, including reinsurance. {Dodd-Frank Act, §§ 501-502; 31 U.S.C. § 313...

 

HTMLIndiana Supreme Court Addresses Monetary Threshold for Secondary Liability in Workers Compensation Case
Patrick B. Omilian, Joel J. Terragnoli; Goldberg Segalla LLP;
Legal Alert/Article
March 12, 2015, previously published on January 26, 2015
In Young v. Hood’s Gardens, Inc. 2015 Ind. LEXIS 46 (Jan. 22, 2015), the Indiana Supreme Court reversed a lower court ruling granting summary judgment to a business owner who had sought a declaration that it was not required to pay workers compensation benefits to the employee of a contractor...

 

HTMLCalifornia Issues Emergency Regulation on Access to Healthcare Providers
Aaron J. Aisen, Sandra McDermott; Goldberg Segalla LLP;
Legal Alert/Article
March 12, 2015, previously published on February 17, 2015
During his second inauguration, California Insurance Commissioner Dave Jones, announced a new emergency regulation relating to access to healthcare providers.

 


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