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HTMLA Perfectly Imperfect Process: Dauphin County’s First Post-Koken Jury Trial
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 1, 2014
On December 29, 2005, all underinsured motorist claims (UIM) that couldn’t be resolved by the parties themselves were resolved through arbitration. The following day, everything changed. It was on that date that the Pennsylvania Supreme Court issued its decision in Insurance Federation of...

 

HTMLClaim For Breach of the Impled Covenant of Good Faith and Fair Dealing Subsumed in Breach of Contract Claim; Economic Loss Doctrine Bars UTPCPL Claim (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 24, 2014, previously published on September 18, 2014
In Zeglen v. Northwestern Mutual Life Insurance Company, the case involved a disability insurance policy, and the insured brought action for breach of contract, breach of the implied duty of good faith and fair dealing, statutory bad faith, and under Pennsylvania’s Unfair Trade Practices and...

 

HTMLInsureds Liable for Over $800,000 under New Jersey’s Insurance Fraud Protection Act; Insurer Not Required to Return Premiums as Predicate for Recovery in Case Where Fraud is Alleged in Making a Claim on the Policy, Not in Procuring the Policy (New Jersey Appellate Division)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 24, 2014, previously published on September 19, 2014
In Masaitis v. Allstate New Jersey Insurance Company, the jury not only ruled that the insureds were not entitled to compensation from the insurer for a fire loss to their home, but there was a judgment awarding more than $800,000 against them under N.J.S.A. 17:33A-7(a), a provision of the...

 

HTMLBad Faith Claim Not Time Barred Based on Date of Denial Triggering Cause of Action; Common Law Bad Faith Claim Subsumed in Breach of Contract Claim, Which Had Been Dismissed on Basis of Contractual Limitations Period (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 24, 2014, previously published on September 19, 2014
In Blackwell v. Allstate Insurance Company, the court found that the contractual one year period for bringing a claim under a homeowners policy barred the insureds breach of contract claim; however, the statutory bad faith claim was not barred by that contractual term, nor, on the face of the...

 

HTMLIn This Superstorm Sandy Case, Insured Allowed To Proceed On Bad Faith Claim Where Insurer Refused To Engage In Appraisal Process, But Court Dismisses Bad Faith Claim Based Upon Alleged Undue Influence On Insured’s Roofing Contractor (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 24, 2014, previously published on September 18, 2014
Currie v. State Farm Fire & Casualty Co., involved damage to the insured’s home from Superstorm Sandy, and a dispute over the homeowner insurer’s payment obligation. The matter was before the court on summary judgment. After finding summary judgment could not be granted on the...

 

HTMLIdentification of Public Project Payment Bond Claimants
Harry Z. Rippeon; Smith, Currie & Hancock LLP;
Legal Alert/Article
September 24, 2014, previously published on September 17, 2014
Prime contractors working on public projects are often required to provide a payment bond to ensure adequate financial protection for those subcontractors and suppliers providing labor, materials, equipment, or other services. For federal government projects, this requirement is contained in the...

 

Adobe PDFBasel III Liquidity Framework: Federal Reserve Approves Final Rule Implementing Basel III Liquidity Coverage Ratio for Large U.S. Banks
Sullivan Cromwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 9, 2014
On Wednesday, September 3, the Board of Governors of the Federal Reserve System (the “Federal Reserve”), the Office of the Comptroller of the Currency (the “OCC”) and the Federal Deposit Insurance Corporation (the “FDIC” and, together with the Federal Reserve and...

 

Adobe PDFSecurity-Based Swaps: SEC Proposes Rule Regarding Communications Involving Security-Based Swaps Entered Into Solely by Eligible Contract Participants
Sullivan Cromwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 10, 2014
On September 8, 2014, the Securities and Exchange Commission proposed a rule under the Securities Act of 1933 to provide that the publication or distribution of price quotes relating to security-based swaps that may be purchased only by eligible contract participants and are traded or processed...

 

Adobe PDFProposed Margin Requirements for Uncleared Swaps Under Dodd-Frank: Federal Reserve Board, OCC, FDIC, Farm Credit Administration and Federal Housing Finance Agency Repropose Rules for Minimum Margin and Capital Requirements for Certain Dealers and Major Participants in Swaps and Security-Based Swaps
Sullivan Cromwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 10, 2014
On September 3, 2014, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency (“OCC”), the Farm Credit Administration and the Federal Housing Finance Agency (collectively, the “Prudential Regulators”) issued a proposed rule to...

 

HTMLWisconsin Court of Appeals Provides a Lesson in Documenting the Settlement
Rachel M. Blise; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
A recent case from the Wisconsin Court of Appeals demonstrates the necessity of properly documenting the details of a settlement after agreement is reached on the amount. In Singler v. Zurich American Insurance Co., 2014AP391, Robert Singler and Zurich American Insurance Co. agreed to settle...

 


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