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HTMLCyber Insurance: Do I Really Need It?
William C. Wagner; Taft Stettinius & Hollister LLP;
Legal Alert/Article
April 1, 2015, previously published on March 23, 2015
*This is the first post in a five-part series on cyber insurance, culminating in a webinar entitled “Insurance Coverage for Privacy and Data Breaches: Hot Topics and Critical Issues” on Wednesday, April 22, 2015, at 12:00-1:00 p.m. Eastern.

 

HTMLLooking At Angles Of Liability After A Cyberattack
Thomas B. Caswell, Judith Bevis Langevin; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 1, 2015, previously published by Insurance Law360 and Employment Law360 on January 28, 2015
All employers have personnel data on their information technology systems and devices. This data includes personally identifiable information such as names, addresses, birth dates and Social Security numbers of employees and their family members. In light of high-profile, employee-led lawsuits like...

 

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.

 

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...

 

HTMLSuperior Court Upholds Bad Faith Punitive Damages Award, And Permits Inclusion of Attorney's Fees as Part of Base Number upon Which to Calculate Punitive Damages (Superior Court of Pennsylvania, non-precedential)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 27, 2015
In Davis v. Fidelity National Title Insurance Company, a non-precedential decision of the Superior Court, the insured brought breach of contract and bad faith claims against its title insurer. After a lengthy process from the time the claim was made to the time the insurer paid another party...

 

HTMLTexas Claims Are Getting Nasti: The Insured's Burdens
Andrew A. Howell; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 1, 2015, previously published by Texas Law360 on March 2, 2015
Texas courts have long taken the position that ¿when covered and excluded perils combine to cause an injury, the insured must present some evidence affording the jury a reasonable basis on which to allocate damages.¿ ¿Failure to provide evidence upon which a jury or court can allocate damages...

 

HTMLPlaintiff Stated Bad Faith Claim When Alleging That Insurer’s Adjuster Admitted a Basis for Loss as to Which Coverage Was Due, But Insurer Later Denied Coverage (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 19, 2015
In Bannon v. Allstate Insurance Company, a Hurricane Sandy case, the policy provided “that coverage for dwellings or other structures did not include loss caused by ‘flood, including, but not limited to, surface water, waves, tidal water or overflow of any body of water or spray from...

 

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...

 


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