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HTMLInsurer’s Over-Reaching Use of Pollution Exclusion Allowed by Colorado Supreme Court
Thomas W. Henderson; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 20, 2015
The Colorado Supreme Court last month agreed with an insurance company’s argument that the pollution exclusion in a liability policy applied to cooking grease.

 

HTMLWorker’s Compensation for the Colorado State Trooper: Personal Injury and Subrogation (Part 2 of 3)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 19, 2015
If you have a workers’ compensation injury that is due to another person’s negligence, workers’ compensation is allowed by law to seek recovery from the money they provided in the course of your workers’ compensation claim. As a result, workers’ compensation gets to...

 

HTMLBad Faith Insurance Litigation Lingers in Wake of Waldo Canyon Fire
Thomas W. Henderson; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on January 28, 2015
While the Waldo Canyon forest fire occurred almost two and a half years ago, the harrowing inferno has receded little in the memories of those affected by it. The massive fire started four miles away from Colorado Springs and raged on for over two weeks before officials finally declared that it had...

 

HTMLWorker’s Compensation for the Colorado State Trooper: U-Coverage and your Insurance Company (Part 3 of 3)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 24, 2015
NO. Even though your U-coverage is purchased and invoked under your personal car insurance policy, your car insurance company may challenge your right to recover under your U-policy. As a result, we may need to file a lawsuit against your insurance company to ascertain fair compensation under your...

 

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.

 

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...

 

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...

 

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...

 

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...

 

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.

 


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