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HTMLCavalcade of Risk No.
Van R. Mayhall; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
March 6, 2015, previously published on November 2014
Insurance Regulatory Law is quite grateful to welcome the Thanksgiving edition of the Cavalcade of Risk, bringing a bounty of information on a variety of insurance-related topics from a number of different experts. The Cavalcade is a biweekly, rotating collection of articles and links (also known...

 

HTMLWork Product Protection Does Not Extend To Claims Investigator’s Report In Admiralty Case
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 6, 2015, previously published on March 5, 2015
Company A chartered a barge to Company B as a platform for A/C generation and refrigeration of fish products. In the summer of 2011, the President of Company A wrote to Company B requesting that it examine the barge for potential electrolysis given fears that the barge had developed a starboard...

 

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.

 

HTMLPennsylvania Supreme Court Issues Opinion On Gist Of The Action Doctrine
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on January 9, 2015
In Bruno v. Erie Insurance Company, the Supreme Court affirmed the existence of the “gist of the action” doctrine. Rather than viewing this as a recent theory, initiated with the Superior Court’s 1992 Bash v. Bell Telephone Company of PA decision, the Supreme Court concluded that...

 

HTMLCalifornia Appellate Court Finds No Malicious Product Tampering Coverage for Westland’s Ground Beef
Joseph F. Bermudez, Suzanne M. Meintzer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 11, 2015
In 2008, Windsor Food Quality Company, Ltd. (Windsor) purchased Westland/Hallmark Meat Company’s (Westland’s) ground beef as an ingredient to be used in its José Olé® frozen food products. On January 30, 2008, the U.S. Department of Agriculture (USDA) suspended...

 

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...

 

HTMLBad Faith Claim Dismissed Due To Lack Of Factual Support To Make Out A Plausible Claim; Putative Discovery Violations During Litigation Cannot Constitute Basis For Insurance Bad Faith Claim (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on February 5, 2015
In Morrissey v. State Farm Fire & Cas. Co., plaintiffs’ home was damaged by a fire, making it uninhabitable. Their homeowners’ insurance policy provided coverage limits of $220,000 for the house, $165,000 for personal property, and the actual value of the loss of use sustained....

 

HTMLWhere No Coverage Is Due An Insurer Has Good Cause To Deny Coverage, And Thus A Bad Faith Claim Cannot Stand (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on January 12, 2015
In Guglielmelli v. State Farm Mut. Automobile Insurance Company, the insured brought breach of contract and bad faith claims seeking damages for bodily injury under an automobile insurance policy. The policy incorporated a “sign-down form,” which reduced the uninsured/underinsured...

 

HTMLPlaintiff’s Uim Bad Faith Claim Narrowly Survives Summary Judgment Because Of Muddled Record As To What Caused Delays (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on January 30, 2015
In Clemens v. New York Central Mutual Fire Insurance Company, plaintiff brought a UIM bad faith case, with the chief issues focusing on the 39 month time period between the claim being asserted and the filing of suit. There were three areas at issue on cross motions for summary judgment as to this...

 

HTMLCourt Dismisses Bad Faith Claim To The Extent It Sought Emotional Damages Under The Bad Faith Statute, Finding The Pennsylvania Statute Prescribes Specific Remedies (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 5, 2015, previously published on February 10, 2015
In Hoffman v. State Farm Fire & Cas. Co., plaintiffs brought suit alleging a claim of breach of insurance contract and a statutory bad faith claim. Plaintiff purchased a homeowners’ insurance policy from the insurer, after which a fire rendered the home uninhabitable. The firefighters at...

 


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