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HTMLNew York Practice: Responding to the Complaint
Angela M. Evangelista; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 5, 2015, previously published on March 1, 2015
This article will address the issues that should be evaluated when preparing an answer. It pertains to answers in New York State courts and, to a limited extent, answers in federal court in the Eastern and Southern Districts of New York.

 

HTMLUIM Bad Faith Plaintiff Adequately Pleads Claim Where Carrier Switches Positions On Basis For Denial (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on January 9, 2015
In Lyman v. State Farm Mutual Automobile Insurance Company, plaintiffs brought breach of contract and bad faith claims against their UIM insurer. The carrier sought to dismiss the claims, asserting they were mere boilerplate and could not stand under Twombly. The court disagreed.

 

HTMLCourt Conducts Close Analysis Of Whether Bad Faith Claim Should Be Remanded, And Finds That Remand Is Proper (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on January 8, 2015
In Plunkett v. Nationwide Mutual Insurance Company, a federal district court was once again faced with a motion to remand a removed bad faith action, where the insured made representations that the case was not seeking in excess of the $75,000 jurisdictional minimum. Specifically, the...

 

HTMLNew Jersey Appellate Division Reverses Trial Court’s Dismissal Of Insured’s Bad Faith Claim Due To Failure To Comply With Procedural Requirements (New Jersey Appellate Division)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on February 13, 2015
In Citizens United Reciprocal Exch. v. Espinoza, the Appellate Division of the Superior Court reversed and remanded a trial court’s dismissal of an insured’s counterclaim against its insurer alleging bad faith, breach of the duty of good faith and fair dealing, and other claims in a...

 

HTMLColorado Supreme Court: Late Notice Inexcusable under Claims-Made Policies
Suzanne M. Meintzer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 23, 2015
In Craft v. Philadelphia Indemnity Ins. Co., 2015 CO 11 (Colo. Feb. 17, 2015), Craft was the principal shareholder and president of two entities to which Philadelphia issued claims-made directors and officers coverage. One of the entities sued Craft for misrepresentations allegedly made in the...

 

HTMLFourth District Reverses Lower Court Ruling in Construction Defect Litigation
John R. Clifford, Edward P. Garson, Gregory D. Hagen, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 18, 2015
On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586.

 

HTMLBad Faith Claim Stated For Conduct Occurring After Insurance Contract Was Entered, The Court Having Rejected The Argument That The Claim Was In The Nature Of Pre-Contract False Marketing (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on January 8, 2015
In Jacoby v. AXA Equitable Life Insurance Company, it was alleged that the insured purchased a life insurance policy that required an initial series of premium payments on the policy, but thereafter the premiums would be paid from dividends on the policy without the need for separate premium...

 

HTMLOhio High Court: State Oil and Gas Law Trumps Anti-fracking Zoning Rules Enacted by a Municipality
Carl J. Pernicone, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 26, 2015
The Ohio Supreme Court, in State ex rel. Morrison v. Beck Energy Corp., Slip Opinion No. 2015-Ohio-485, issued the first state high court decision to consider and reject the proposition that local anti-fracking zoning regulations can be used to trump a state’s oil and gas law favoring...

 

HTMLNarrowing the Scope of Medical Expert Qualifications and Testimony under the Pennsylvania Rules of Evidence
Angeline C. Panepresso; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 5, 2015, previously published on March 1, 2015
As a general principle, the standard for qualification as an expert witness in Pennsylvania is a liberal one. Specifically, the test for qualifying as an expert is whether the expert has any reasonable pretension to specialized knowledge on the subject at issue, and the weight to be given to such...

 

HTMLIndemnification by Insurance Precluded under Wyoming Anti-indemnity Statute in Oil & Gas Personal Injury Coverage Dispute
Cathleen H. Heintz; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on January 16, 2015
On December 19, 2014, the Federal District Court in Wyoming issued a decision in Lexington Insurance Company v. Precision Drilling Co., LP, et al., D. Wyo., Case No. 12-cv-070-J, extending the reach of the anti-indemnity statute, Wyoming Statute §30-1-131, to preclude coverage of a drilling...

 


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