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HTMLNo Bad Faith in UIM Case Where Insurer Correctly Determined Coverage Based On Insureds’ Contractual Choice to Limit Uim Amounts, and Where No Other Form of Bad Faith Aside From Coverage Denial Was Pleaded (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 22, 2014, previously published on October 16, 2014
In Davis v. Allstate Property & Casualty Company, the UIM plaintiff brought claims for breach of contract and bad faith, based upon an alleged failure to pay $600,000 in connection with a fatal car accident. The court found, however, that the insureds had complied with all the requirements...

 

HTMLFlorida Appeals Court: In First-Party Coverage Dispute, Ruling That Insurer Breached Contract Is Not Prerequisite to Insured’s Filing a Bad Faith Claim
Kenneth L. Baker; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 18, 2014, previously published on October 13, 2014
Under Florida law, must a policyholder first prevail on a breach of contract action against the insurer before a bad faith claim may be filed? No, said a majority of the Florida Fourth District Court of Appeal, en banc (the entire court, rather than just a panel of selected judges) in Cammarata v....

 

HTMLNew Jersey Trial Judge Dismisses Bad Faith Claim Where Disputed Facts Would Not Permit Insured To Obtain Summary Judgment On Substantive Coverage Claims (New Jersey Law Division, Bergen County)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 10, 2014
In Omega Financial Services v. Aspen Specialty Insurance Company, a New Jersey Superior Court Law Division case, the court addressed whether a mortgage broker’s claims for indemnification were excluded under its professional liability policy, as well as the insured’s bad faith claim....

 

HTMLNew Jersey Federal Judge Elucidates How Insureds Adequately Plead Bad Faith Under Twombly To Avoid Dismissal Under "Fairly Debatable" Standard (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 8, 2014
Laing v. American Strategic Insurance Corporation is a Hurricane Sandy case, alleging that the insurer failed to properly adjust the claim and underpaid under the terms of the policy. The insureds alleged that the insurer both misrepresented the scope of the insurance policy and made false...

 

HTMLCourt Refuses To Bifurcate Bad Faith And Uim Claims Where Significant Factual Overlap Exists (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 14, 2014
In Hoffer v. Grange Insurance Company, the court addressed the insurer’s request to bifurcate the bad faith and UIM claims. The insured had settled with the other driver and made a UIM claim to his carrier. The insurer denied the claim on the basis that the insured was the one responsible for...

 

HTMLNo Bad Faith Claim Stated For Denial Or Delay On Disability Policy Where Material Issues Of Fact Concerning Reliance On Consultants And Causes Of Delay Made Outcome "Fairly Debatable"; No Statutory Attorney's Fees Available On First Party Claims (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 18, 2014, previously published on October 9, 2014
In Onex Credit v. Atrium 5 Ltd., a company has purchased a disability policy on its CEO. The policy provided that if the terms were met, the company could receive a large lump sum payment. There were numerous conditions and exclusions, and after a lengthy investigation by the carrier’s...

 

HTMLFlorida Hurricane Catastrophe Fund Advisory Council to Vote on October 2014 Claims-Paying Capacity Estimates Tomorrow
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
The Florida Hurricane Catastrophe Fund ("FHCF") Advisory Council will meet on Tuesday, October 14, 2014 at 1:30 p.m. ET in Tallahassee, Florida, to vote on October claims-paying capacity estimates. Teleconference attendance is also available.

 

HTMLFlorida Hurricane Loss Mitigation Program Update Issued in Advance of Today's Catastrophe Fund Advisory Council Meeting
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 17, 2014, previously published on October 14, 2014
The Florida Division of Emergency Management ("DEM") has issued an update on the Hurricane Loss Mitigation Program in advance of the Florida Hurricane Catastrophe Fund ("FHCF") Advisory Council meeting today, October 14, 2014.

 

HTMLNorth Dakota Insurance Department Schedules November 20 Hearing on Proposed Restrictions on Legal Defense Expenses Within the Limit of Liability
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 17, 2014, previously published on October 10, 2014
The North Dakota Insurance Department ("Department") advised on October 8, 2014 that a November 20 public hearing is scheduled on the proposed creation of rules aimed to protect consumers from misleading policy provisions which could transform liability policies into defense expense-only...

 

HTMLNo Bad Faith Claim Where Insurer Carried Out Reasonable Inspection And Came To Conclusion That Result Of The Inspection Fell Within An Exclusion, & Insureds Did Not Offer Material Facts To Show, Even If Wrong, That Position Was Unreasonable Or The Result Of Intent Sufficient To Meet The Bad Faith Standard (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 17, 2014, previously published on October 6, 2014
In Focht v. State Farm Fire & Casualty Company, the homeowner insureds brought breach of contract and bad faith claims centering on a water based loss. The coverage issue centered on whether the damage at issue was caused by flood damage arising up inside the house, or water penetrating the...

 


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