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HTMLImportant UK High Court Guidance on Pension Scheme Trustee Duties and the Status of a Scheme as "Open" Or "Frozen"
Andrew Block, Philippa James, Stuart Pickford; Mayer Brown International LLP;
Legal Alert/Article
March 5, 2015, previously published on February 25, 2015
The High Court has today given judgment in Merchant Navy Ratings Pension Fund Trustees Ltd v. Stena Line Ltd and Others1. The case gives important guidance on two issues relating to occupational pension schemes:

 

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.

 

HTMLIllinois District Court Holds That a Plan Maintained by a Religiously Affiliated Organization Is Not a Church Plan
Edna S. Kersting; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on January 22, 2015
The United States District Court for the Northern District of Illinois recently had the opportunity to weigh in on the issue of whether a religiously affiliated employer was exempt from federal regulation of its employee benefits plans based on a statutory exemption created for churches under the...

 

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...

 

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....

 

HTMLCanadian Courts Refuse to Settle for Weak Privacy Rights: “Imperial Oil Limited v Alberta
Roland Hung, Kimberly Macnab; McCarthy Tétrault LLP;
Legal Alert/Article
March 5, 2015, previously published on February 27, 2015
Last week, the Supreme Court of Canada (“SCC”) dismissed leave to appeal the Alberta Court of Appeal (“ABCA”) decision in Imperial Oil Limited v Alberta., thereby endorsing the ABCA’s approach to settlement privilege in the context of applications under the Freedom of...

 

HTMLNinth Circuit Clarifies Scope of Mass Action Federal Jurisdiction and Removal
Karin Bohmholdt, Benjamin S. Kurtz, Ginger Pigott; Greenberg Traurig LLP;
Legal Alert/Article
March 5, 2015, previously published on November 26, 2015
In Corber v. Xanodyne Pharm., Inc., and Romo v. Teva Pharmaceuticals USA, Inc., &under;&under; F.3d &under;&under; (Case No. 13-56306 and 13-56310), 2014 WL 6436154 (9th Cir. Nov. 18, 2014), the Ninth Circuit, sitting en banc, held that a petition to coordinate multiple actions under California...

 

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...

 


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