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HTMLAuto Insurer Narrowly Escapes Large Default in UIM Suit on Restricted Appeal
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
November 23, 2016, previously published on October 31, 2016
Last Wednesday, a Texas court of appeals threw out a $960,000 default judgment against State Farm in an underinsured motorist case. In State Farm County Mutual Automobile Ins. Co. v. Diaz-Moore, No. 04-15-00766-CV, 2016 WL 6242842 (Tex. App.-San Antonio Oct. 26, 2016), State Farm's insured was...

 

HTMLNo Bad Faith in Battered Bentley Case Due To Insured’s Failure to Cooperate & MSJ Granted for Carrier
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
November 23, 2016, previously published on October 31, 2016
A federal judge in Dallas granted summary judgment last week in favor of an auto carrier, dismissing all of a policyholder's extra-contractual claims in an auto damage dispute. In Alhamzawi v. GEICO Casualty Co., N0. 3:15-CV-3295-K, 2016 WL 6277809 (N.D. Tex. Oct. 25, 2016), the insured's Bentley...

 

Adobe PDFCourt of Appeal Confirms the Power of Subcontractors’ Bid Conditions
Daniel F. McLennon; Smith, Currie & Hancock LLP;
Legal Alert/Article
November 11, 2016, previously published on October 20, 2016
General contractor Flintco Pacific, Inc. (“Flintco”) bid to construct a new building at Diablo Valley College (“DVC”) in Pleasant Hills, California. TEC Management Consultants, Inc. (“TEC”) submitted a written bid to Flintco to perform glazing work for...

 

HTMLFavorable Opinion Rendered in Iowa Mechanic's Lien Case
Jodie Clark McDougal; Davis, Brown, Koehn, Shors & Roberts, P.C.;
Legal Alert/Article
October 25, 2016, previously published on September 1, 2016
On Wednesday, August 31, the Iowa Court of Appeals rendered its opinion in the Standard Water mechanic’s lien case Jodie McDougal tried a few years ago, which involved an issue of first impression regarding Iowa’s new lien law.

 

Adobe PDFCourt Reverses Punitive Damage Verdict Against Insurer
Jones Skelton Hochuli P.L.C.;
Legal Alert/Article
October 25, 2016, previously published on September 29, 2016
A motorcyclist was injured when he slammed into a car that had stopped abruptly in front of him. Although the driver of the car was uninsured, the motorcyclist had uninsured motorist coverage. The motorcyclist’s insurer denied the claim, however, because it concluded the motorcyclist was...

 

HTMLThird Circuit Affirms Summary Judgment for Nationwide in Bad Faith Case
Charles E. Haddick, Bryon R. Kaster; Dickie, McCamey & Chilcote, P.C.;
Legal Alert/Article
October 11, 2016, previously published on October 6, 2016
In Bodnar, et al. v. Nationwide Mutual Insurance Company, No. 15-3485 (3d Cir., October 4, 2016), the Plaintiffs alleged that Nationwide was guilty of bad faith in the investigation of whether or not the work-related death of an employee of its insured was covered or barred by the terms of the...

 

HTMLUnclaimed Property Disputes Over State Priority Take Center Stage, Head to U.S. Supreme Court and the Third Circuit
Wilson G. Barmeyer, Joseph A. Ficarrotta, Phillip E. Stano, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 5, 2016, previously published on October 5, 2016
Disputes over the unclaimed property priority rules continue to intensify. The U.S. Supreme Court accepted review of a clash involving more than 20 states regarding the right to take custody of official checks. Meanwhile, a holder will appeal a federal district court’s decision that Delaware...

 

HTMLCourt Takes Issue with Defence Medical Experts Who Derived Bulk of their Income from Defence Work
Matthew Gray, Michael J.L. White; Borden Ladner Gervais LLP;
Legal Alert/Article
September 11, 2016, previously published on August 24, 2016
In Ontario, a plaintiff claiming damages arising from a motor vehicle accident ("MVA") must satisfy the statutory threshold in accordance with section 267.5(5) of the Insurance Act (the "Act"). Briefly, pursuant to the Act, a plaintiff must demonstrate that he or she has...

 

Adobe PDFMurray v. Farmers Insurance Company
Jones Skelton Hochuli P.L.C.;
Legal Alert/Article
March 4, 2016, previously published on January 19, 2016
For years, the Murrays bought minimum limits vehicle insurance, including minimum UM/UIM from agent Jones. Then they gradually began increasing their limits. They testified that when they discussed UM/UIM coverage with Jones, he advised them they did not need increased UM/UIM limits because their...

 

HTMLNo “Near Miss” on Offers to Settle Timing, But Discretion on Costs Rests With Trial Judge
Natalie Salafia; Borden Ladner Gervais LLP;
Legal Alert/Article
January 28, 2016, previously published on January 20, 2016
There is no "near miss" allowed on the timing of offers to settle under Rule 49.10 of the Rules of Civil Procedure, but residual discretion always rests with the trial judge in awarding costs, as the Court of Appeal confirmed in its recent judgment in König v Hobza.

 


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