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|“Your Work” Exclusion Bars Coverage for Tearing Down & Rebuilding Wall|
Collins Lacy P.C.;
August 1, 2014, previously published on July 2014The S.C. Court of Appeals recently applied the “your work” exclusion in a declaratory judgment action arising out of a construction defect suit to find the policy did not provide coverage. In Precision Walls v. Liberty Mutual Fire Insurance Co., Op. No. 5250 (S.C. Ct. App. filed July...
|Discovery Allowed to Attack Inflated Medical Billings|
Matthew J. Trostler; Borton Petrini, LLP;
August 1, 2014, previously published on Spring 2014In 2011, the case of Howell v Hamilton Meats and Provisions held that a plaintiff may recover as economic damages no more than the reasonable value of the medical services rendered and in any event is not entitled to recover the reasonable value if his or her actual loss was less. Corenbaum v...
|Champerty Doesn’t Pay! - HKSAR v. Ip Hon Ming & Others|
Marina O. K. Fung; Mayer Brown JSM;
July 31, 2014, previously published on July 28, 2014The District Court of Hong Kong recently convicted a solicitor and a recovery agent for champerty, sending a clear message to recovery agents and solicitors that litigation funding in return for a fee is illegal.
|What is War? Understanding Aviation War Risk Coverage|
John E. Iole; Jones Day;
July 31, 2014, previously published on July 23, 2014In the world of insurance, words frequently have a defined or accepted meaning that is different from the popular or intuitive understanding of the term. “War” and, in particular, war in the context of aviation insurance, is one of these.
|Summary Judgment Granted In Claim For Subrogated Damages|
Adriana De Marco; Borden Ladner Gervais LLP;
July 30, 2014, previously published on July 30, 2014The action arose after the plaintiff, a pharmaceutical company, entered into an agreement (the “Agreement”) with one of the defendants, UPS SCS (“UPS”), pursuant to which UPS was to store vaccines belonging to the plaintiff in a temperature-controlled environment....
|Florida's Citizens Property Insurance Extends Optional Sinkhole Repair Offer to 600 Policyholder Litigants|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
July 30, 2014, previously published on July 29, 2014After finalizing a similar agreement with another law firm approximately two weeks ago involving 300 policyholders, Citizens Property Insurance Corporation ("Citizens") announced today, July 29, 2014, that it has made settlement offers to 600 additional Citizens sinkhole policyholders who...
|Illinois Discovery Rule - Onus on the Insured to Know the Terms and Liability Limits of their Policy|
Gabriel R. Judd; Johnson & Bell, Ltd.;
July 29, 2014, previously published on July 2014The discovery rule is an equitable exception that tolls the statute of limitations period until the plaintiff discovers, or has reason to discover, the cause of action. Knox College v. Celotex Corp., 88 Ill. 2d 407 (1981). In cases applying the discovery rule, courts hold that the statute of...
|No Bad Faith Claim Stated Where Court Found No Duty to Pay Benefits; And Further Found that the Complaint Did Not Allege Sufficient Facts to Make Out A Bad Faith Claim Even Had it Ruled Otherwise on Coverage (Western District)|
Fineman Krekstein Harris P.C.;
July 29, 2014, previously published on July 28, 2014In Hackbarth v. Nationwide Mutual Insurance Company, the insured fell while attempting to enter his car. The court found that ice caused the fall, and the vehicle was not an instrumentality of the injury. Thus, there was no coverage. Thus, it dismissed the insured’s breach of contract...
|Certain Environmental Cleanup Costs May Not Be Covered by Insurance Where Administrative Orders Were Not “Adversarial” or “Coercive” Enough|
Steven L. Hoch; Morris Polich & Purdy LLP;
July 28, 2014, previously published on July 14, 2014Here is a huge generality, but it’s mostly true. Environmental groups usually support the issue of environmental justice and they are mostly unimpressed with any smokestack industry attempt to follow various environmental rules. However, in the case of carbon trading, at least here in...
|Insured Adequately Alleged Bad Faith Claims By Pleading Specific Facts Concerning Delays in the Claims Handling Process, a Lack of Communication, And Discrepancy between the Alleged Injury and Settlement Sum Offered (Philadelphia Federal)|
Fineman Krekstein Harris P.C.;
July 26, 2014, previously published on July 23, 2014In Padilla v. State Farm Mutual Automobile Insurance Company, the plaintiff brought a breach of contract and bad faith claim based on UIM coverage. The insurer took an examination under oath, had a medical examination done, and referred the case to counsel. The plaintiff alleged that the defendant...