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HTMLThe “That’s For Me To Know and You to Find Out” Approach to Reservation of Rights Letters Rejected in Missouri
Michael L. Young; HeplerBroom LLC;
Legal Alert/Article
September 19, 2014, previously published on September 17, 2014
He drove a blue Volkswagen Rabbit to the United States Supreme Court for many years. He wrote so many lone dissents in his first years on the court that he was dubbed the “Lone Ranger”. Years after he became Chief Justice, William Rehnquist added four gold stripes to the sleeves of his...

 

HTMLKentucky Court of Appeals Holds Statute of Limitations on Underinsured Motorist Claims Begins to Run Upon Denial of Claim
James M. Burd, Edward M. O'Brien; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 19, 2014, previously published on September 12, 2014
In a case of first impression, a divided panel of the Kentucky Court of Appeals recently held in Hensley v. State Farm Mut. Auto. Ins. Co., 2013-CA-000006-MR (Ky. App. Aug. 15, 2014), that the statute of limitations on underinsured motorist (UIM) claims begins to run upon denial of a claim by the...

 

HTMLWhere To Sue Since Summy
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 18, 2014, previously published on September 1, 2014
The Declaratory Judgment Act, 28 U.S.C. §§2201-2202, gives federal district courts the discretion to adjudicate declaratory judgment actions. In 2000, the Third Circuit reviewed the Declaratory Judgment Act, 28 U.S.C.S. § 2201(a), at some length and attempted to identify certain...

 

HTMLFlorida's Citizens Property Insurance Claims Committee Reviews Litigation Data, Approves Contract Extensions
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 17, 2014, previously published on September 10, 2014
Florida's Citizens Property Insurance Corporation ("Citizens") Claims Committee ("Committee") met on September 8, 2014 to review the status of claims-related litigation and act on various vendor-related agenda items, including the extension of Citizens' existing independent...

 

HTMLFlorida's Citizens Property Insurance Inspector General Determines No Post-Employment Policy Violations Made By Departing Executives
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 17, 2014, previously published on Setptember 11, 2014
A review released by Florida's Citizens Property Insurance Corporation's ("Citizens") Inspector General today, September 11, 2014, found that three of Citizens' senior management employees did not violate State ethics laws or company policy following their separation from Citizens to take...

 

HTMLFlorida's Citizens Property Insurance Claims Committee Reviews Social Media Efforts, Clearinghouse Outreach
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 17, 2014, previously published on September 10, 2014
Florida's Citizens' Property Insurance Corporation ("Citizens) Consumer Services Committee ("CSC") met today, September 10, 2014, during which members reviewed Citizens' social media use, along with its public outreach and education efforts. The CSC also heard updates on Citizens'...

 

HTMLVictory On Coverage Issues, On Ambiguous Basis, Did Not Preclude Bad Faith Against Primary And Excess Insurers Concerning Duty To Defend Or Settle; Conduct Of Defense Counsel In Deciding Not To Request Special Interrogatories Remained An Issue; And Insured¿s Expert Testimony Was Excluded On Issue Of Actual Conflict In Appointing Defense Counsel, But All Experts Could Otherwise Testify (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 15, 2014, previously published on September 1, 2014
In Charter Oak Insurance Company v. Maglio Fresh Foods, a primary and excess carrier sought declaratory judgments that they owed the insured no coverage duty under their policies. The insured counterclaimed for bad faith. The parties agreed to let the court decided the coverage issues before...

 

HTMLCourt of Appeal Allows Action Against Police and Crown to Continue: Phillion v. Ontario (Attorney General), 2014 ONCA 567
Adriana De Marco; Borden Ladner Gervais LLP;
Legal Alert/Article
September 15, 2014, previously published on September 10, 2014
The plaintiff was convicted of murder in 1972. He protested his innocence over the next several decades. He was eventually able to re-open his case and received previously undisclosed and potentially exculpatory alibi evidence. The plaintiff’s conviction was ultimately quashed on a reference...

 

HTMLWhere Policy Exclusion Was Clear, And Insureds Offered No Actual Facts To Meet Their High Burden To Prove That Insurer’s Position Lacked A Reasonable Basis, Summary Judgment Was Granted To The Insurer On Bad Faith Claim (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 15, 2014, previously published on August 31, 2014
In Leitner v. Allstate Insurance Company, the insureds alleged bad faith on the basis of improper denial of their claim and/or unreasonable delay in the investigation process. The court cited the bad faith statute and the standards imposed by case law, emphasizing the “high bar” an...

 

HTMLCourt Rules That Attorney Client Privilege Does Not Apply Where Attorney Acts As A Claims Investigator; But Rejects The Insured's "Theory Of Wholesale Waiver" Where Insurer Denies Acting In Bad Faith In Answer And Where Legal Opinion Affects Adjuster's Mind, In Absence Of Advice Of Counsel Defense; And General Admonition That Each Redacted Item Must Be Analyzed Individually By Counsel (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 15, 2014, previously published on September 2, 2014
In Henriquez-Disla v. Allstate Property & Casualty Insurance Company, the insured brought bad faith and fraud claims against its insurers. There were two discovery issues: (1) whether certain communications in the case involving a lawyer were subject to the attorney client privilege or whether...

 


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