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HTMLInsurance Law: Enforcing Claims from the Insurance Policy
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
March 26, 2015, previously published on March 26, 2015
It is crucial both in one’s private life and in business to cover oneself against damage and loss. It is not, however, always easy to enforce claims from an insurance policy if damage or loss has occurred.

 

HTMLInternal Revenue Service finds Contracts protecting against Foreign Currency Fluctuations not to be Insurance
Christopher M. Flanagan, Rebecca Melaas; Edwards Wildman Palmer LLP;
Legal Alert/Article
March 25, 2015, previously published on March 23, 2015
Companies looking to establish insurance coverage, especially in situations involving a captive type of arrangement, will, as always, need to focus on the qualification of the coverage as insurance for U.S. federal income tax purposes. While this traditionally involves an analysis of the risk...

 

HTMLA Checklist to Increase Recoveries in Insurance Subrogation Cases in Michigan
Jeffrey Bearss; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
March 25, 2015, previously published on February 24, 2015
There are a number of effective ways to maximize your recovery in Michigan insurance subrogation matters that can be done before referral of the matter to counsel. The following is a discussion of procedures you can follow to increase your bottom line.

 

HTML(1) Following United States Supreme Court Precedent That A Plaintiff Can Control Removal To Federal Court By Limiting Damages Below $75,000, And (2) That Under Third Circuit Precedent This Would Act As An Estoppel, The Insured’s Bad Faith Case Remanded To State Court (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 1, 2015
In Petrille Wind P.C. v. Liberty Insurance Underwriters, Inc., the insured lost a $50,000 judgment, which the carrier refused to defend. The insured brought a statutory bad faith claim, later removed to federal court. The complaint sought actual damages of $50,000, as well as punitive damages and...

 

HTML“Physical” Damage Without Any Tangible Change - New Jersey Federal Court Continues the Expansion of “Physical” Loss or Damage
Michael J. McLaughlin; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
New Jersey courts continue to expand traditional notions of physical loss or damage in a recent decision of the New Jersey Federal District Court, Gregory Packaging, Inc. v. Travelers Prop. Cas. Co. of America, Civ. No. 2:12¿cv¿04418 WHW, 2014 WL 6675934 (D.N.J. Nov. 25, 2014) (J....

 

HTMLDoes Florida's Statutory Duty to Disclose Insurance Information Apply to Claims Arising Under Out-Of-State Policies?
Fay E. Ryan; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
March 25, 2015, previously published on February 10, 2015
One of the most common questions I get from out-of-state insurers is whether they are required to honor a claimant’s request for disclosure of insurance information under Florida Statute 627.4137. If the applicable policy was not delivered in Florida or issued for delivery in Florida, the...

 

HTMLNo Breach Of Duty Of Good Faith And Fair Dealing Where No Bad Faith Or Ill Motive Pleaded, Which Are Essential Parts Of The Claim (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 4, 2015
In Dean v. New England Mutual Life Insurance Company, the plaintiff’s claims concerned allegations of life insurance payments under her ex-husband’s policy directly to their daughters, rather than to her, individually, or to her as trustee for her daughters. A judgment of divorce had...

 

HTMLSummary Judgment Cannot Be Granted Where Issues Of Fact On Reasonableness And Intent Prongs Of Bad Faith Standards Exist, Focusing On Decision Not To Take A Deposition Or Statement Under Oath During Claim Process (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 9, 2015
In Connolly v. Progressive Northern Insurance Company, the injured insured received a $250,000 settlement from a third party tortfeasor in connection with an auto accident. She pursued underinsured motorist coverage from her own insurer, and also alleged there were multiple policies entitling her...

 

HTMLCourt Dismisses Boilerplate Bad Faith Claim With Prejudice, As No Conceivable Basis To Cure By Amendment (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
In Williams v. USAA Cas. Ins. Co., the plaintiffs (an injured driver and two passengers in her car) brought an uninsured motorist claim against the injured driver’s insurer. The court found that the putative count for violating the UIM law was actually pleaded as a claim for breach of the...

 

HTMLAlleged Breach Of Duty To Identify Insurer’s Risk Of Exposure To A Bad Faith Claim For Failure To Settle Sounds In Negligence, Not Contract (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
In New York Central Mutual Ins. Co v. Margolis Edelstein, the insurer alleged that its attorney failed to give it proper advice as a client, concerning settlement of a claim. Among other things, the insurer’s complaint alleged: that the attorney “agreed to perform legal services for...

 


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