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HTMLBad Faith Claims Against Insurer For Bringing Interpleader Action Dismissed (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2014, previously published on March 6, 2014
In Amethyst International, Inc. v. Duchess, a Hurricane Sandy flood damage claim, an insurer that was joined as a defendant in a hotly disputed suit among claimant/parties, brought an interpleader action by way of counterclaim and cross claim, wanting to pay the proceed into court, rather than pay...

 

HTMLMaryland Intermediate Appellate Court Holds that Breach of Contract Action Fell within Commercial General Liability Policy’Coverage for “Advertising Injury”
Wayne C. Heavener; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
March 12, 2014, previously published on March 2014
In Blackstone International Limited v. Maryland Casualty Company, Maryland's intermediate appellate court held that an underlying plaintiff's lawsuit against an insured, alleging that the insured used the plaintiff's marketing ideas without compensation, was covered under the insured's commercial...

 

HTMLAvoid Common Pitfalls When Giving Notice to Your Insurance Carrier After a Loss
Brouse McDowell A Legal Professional Association;
Legal Alert/Article
March 12, 2014, previously published on March 7, 2014
A fire destroys your warehouse containing millions of dollars of inventory. An employee is discovered to have embezzled thousands of dollars. A company driver strikes and grievously injures another person. No matter how many precautions your company may put into place, accidents, business...

 

HTMLCourt Rules that Carrier Acted with Poor Judgment, But Did Not Engage in Bad Faith (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2014, previously published on March 4, 2014
In Schifino v. Geico Gen. Ins. Co., the Plaintiff-insured sued his insurance carriers seeking underinsured motorist (“UIM”) benefits pursuant to automobile insurance policies issued by each defendant-carrier. The insured argued that the carriers had breached their contractual duties in...

 

HTMLCourt Dismisses Bad Faith Counterclaim to Insurer’s Injunctive Action for Rescission, Which Was Defending Insured under a Reservation of Rights, As Loss of a Defense As A Result Of the Rescission Action Is Not Bad Faith (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2014, previously published on March 4, 2014
In Nova Casualty Co. v. Col-Mor Apartments, Inc., the insured was sued on the basis that it was providing drinking water contaminated with radioactive materials. The insurer defended under a reservation of rights, brought also brought an action seeking the equitable remedy of rescission, alleging...

 

HTMLClaims That an Insurer Acted Unreasonably Do Not Set Out a Bad Faith Claim On The Face Of the Claim, but CFA Claim Allowed Proceeding (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 12, 2014, previously published on March 6, 2014
In Beekman v. Excelsior Ins. Co., another Superstorm Sandy case, the plaintiff’s asserted that the insurer defendants improperly adjusted his loss claim. His pleaded that this amounted to a breach of the implied covenant of good faith and fair dealing. It is true that under New Jersey law, a...

 

Adobe PDFNew York Trial Court Denies Sony’s Claims against Primary CGL Insurers to Pay for Defense Costs Related to Cyber-Attack Litigation
Steven D. Cantarutti, Kevin T. Coughlin, Robert J. Kelly; Coughlin Duffy LLP;
Legal Alert/Article
March 12, 2014, previously published on March 3, 2014
On February 21, 2014, a New York trial court (Hon. Jeffrey K. Oing, J.S.C.) in Zurich Amer. Ins. Co. v. Sony Corp. of Amer., et al., Index No. 651982/2011 (N.Y. Sup. Ct., N.Y. Cnty.), made a significant ruling in the area of cyber risk coverage. The Court rejected claims by Sony Computer...

 

HTMLUnited States District Court Finds That Failure to Ship Goods Did Not Fall within Insurance Policy’s Coverage for “Property Damage”
Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
March 12, 2014, previously published on March 2014
In M Consulting and Export, LLC v. Travelers Casualty Insurance Company of America , the United States District Court for the District of Maryland entered summary judgment in favor of a defendant insurer, which had declined to pay a default judgment award that its named insured was legally...

 

HTMLInsurance Coverage Claims: Narrowing the Information Gap
Brouse McDowell A Legal Professional Association;
Legal Alert/Article
March 12, 2014, previously published on February 25, 2014
Businesses spend hundreds of thousands or even millions of dollars a year on insurance policies. These policies are valuable assets that a company relies upon when it suffers a loss to its business. Most policyholders expect to get exactly what was promised to them when they bought the policies - a...

 

HTMLHouse Passes Flood Insurance Legislation
McDonald Hopkins LLC;
Legal Alert/Article
March 11, 2014, previously published on March 7, 2014
On Tuesday, the House passed legislation aimed at curbing premium increases in the nation's flood insurance program by a vote of 306 to 91. The legislation, sponsored by Representatives Michael Grimm (R-NY) and Maxine Waters (D-CA), reverses some of the changes to the National Flood Insurance...

 


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