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HTMLNew Jersey Supreme Court Finds Um Bad Faith Claim Barred By Res Judicata, But Refers The Following Issues To The Civil Practice Committee In Connection With The Scope And Applicability Of New Jersey’s Rules To Um Claims
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 17, 2015
In Wadeer v. New Jersey Manufacturers Insurance Company, New Jersey’s Supreme Court took the opportunity to address potential changes in the Rules of Civil Procedure in the context of first party bad faith claims. In this uninsured motorist case, the plaintiff insured was injured by a driver...

 

HTMLNo Bad Faith under “Fairly Debatable” Standard Where Dispute Existed Over Material Fact; Insureds Deemed To Have Received Policy So Long As Their Broker Received It (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 10, 2015
In Dooley v. Scottsdale Insurance Company, the insured homeowners suffered a flood in their home from a frozen/burst piping system, during a nearly four week hiatus from their home in December. There was a dispute of fact over whether the insureds turned off their heat, or left the thermostat on at...

 

HTMLIs Laminate Flooring the New Drywall for Insurers?
Kristin Suga Heres; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 1, 2015, previously published by Insurance Law360 on March 6, 2015
Recent media reports alleging that certain laminate flooring manufactured in China and distributed in the U.S. contains unsafe levels of formaldehyde may have a familiar and frightening ring to them, particularly for insurers that weathered years of coverage litigation involving claims arising out...

 

HTMLInsurer Entitled To Attorney’s Fees Against Other Insurer In Declaratory Judgment Action; Claim Of Unclean Hands Rejected (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 24, 2015
In Carolina Casualty Insurance Company v. Travelers Property Casualty Company, the plaintiff insurer brought a declaratory judgment action against two other insurers. It sought a judgment that it owed no defense or coverage obligations in connection with an underlying claim. The defendant insurers...

 

HTMLNew Jersey Supreme Court Finds No Bad Faith Where Insurer Relied Upon Unpublished Appellate Division Opinion In Taking Action, And Where Policy Language Made Insurer’s Position Fairly Debatable; Court Restates New Jersey Law On First Party Bad Faith Claims (New Jersey Supreme Court)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 19, 2015
In Badiali v. New Jersey Manufacturers Insurance Group, the New Jersey Supreme Court issued its second opinion in a single day involving first party insurance bad faith claims. The insured was injured by an uninsured motorist. The insured had two insurers. The matter went to arbitration on the...

 

HTMLInsured’s Bad Faith Claim Could Not Be Dismissed Solely On Basis That Examination Under Oath Had Not Occurred Prior To Filing Suit, Under The Circumstances Of This Case (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 16, 2015
In Johnson v. State Farm Mutual Automobile Insurance Company, the insured wife was hit by an underinsured motorist while jogging. The insureds’ own UIM limits were $250,000. The injuries were diagnosed as serious and she sought policy limits.

 

HTMLConcussion Litigation: The Next Frontier
Anthony B. Corleto, Jae Hong Lee; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 13, 2015
By now everyone has heard about the widely reported concussion lawsuits - former professional players suing because they claim to suffer from a form of brain injury, chronic traumatic encephalopathy (CTE), linked to repetitive head trauma. The condition has afflicted athletes across the spectrum of...

 

HTMLTexas High Court Confirms Exclusivity of Texas Workers’ Compensation Claim Remedy, Even for Alleged “Independent Injuries”
Susan Abbott Schwartz, Valeri C. Williams; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 20, 2015
In a highly anticipated decision, the Texas Supreme Court emphasized its commitment to the exclusive jurisdiction of the Texas Division of Workers’ Compensation Act (Act) to deal with and respond to claims arising out of the investigation, handling and settling of workers’ compensation...

 

HTMLFederal Government Issues Long-awaited Final Rules Governing Fracking on Federal Land and Indian Land
Carl J. Pernicone, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 23, 2015
On March 20, 2015, the Department of the Interior’s (DOI’s) Bureau of Land Management (BLM) issued its long-awaited “final” rules governing hydraulic fracturing operations on federal lands and land owned by Indian tribes.

 

HTMLThe Illinois Duty to Defend: Litigation Insurance against Groundless Suits Even When Extrinsic Facts Known to Both Insurer and Insured Would Otherwise Abrogate Coverage
Mark A. Bradford; Duane Morris LLP;
Legal Alert/Article
March 30, 2015, previously published on January 23, 2015
On January 13, 2015, the Illinois Appellate Court issued its opinion in Illinois Tool Works, Inc. v. Travelers Casualty and Surety Co., 2015 IL App. (1st) 132350 (1st Dist. 2015), wherein the court held the insurer had a duty to defend its insured against numerous vaguely pleaded toxic tort...

 


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