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HTMLUpdate: Requests For Voluntary Advance Payments From Insurers
Jennifer J. Biernaskie, Jennifer Davis; McLennan Ross LLP;
Legal Alert/Article
December 23, 2014, previously published on December 4, 2014
In a recent email alert we considered the issue of advance payments under the Fair Practice Regulation and the Insurance Act . In Shannon v. 1610635 Alberta Inc., 2014 ABCA 393 ("Shannon") the Alberta Court of Appeal once again addresses the same issue of pre-trial advance payments under...

 

Adobe PDFRecent Developments in Court Decisions on E-Discovery Issues
William G. Caravetta; Jones, Skelton & Hochuli, P.L.C.;
Legal Alert/Article
December 22, 2014, previously published on Summer 2014
The duty to preserve and collect data that may be discoverable once litigation is reasonably anticipated is well established. The following are highlights from recent decisions affecting the eDiscovery process. Although these unpublished federal decisions are not citable in state court, they are in...

 

HTMLWhen Does a ‘no damage for delay clause’ Apply? It Depends!
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
December 22, 2014, previously published on November 21, 2014
This summary presents two cases, one from Texas and one from Connecticut, that analyzed “no damage for delay clauses” and reached different conclusions. Like so many cases, these two claims turned on the facts present in each matter. This is just another reminder that the precise facts...

 

HTMLPenn Mut. Life Ins. Co. v. Norma Espinosa 2007-1 Ins. Trust, — F.Supp.3d —, 2014 WL 4811879 (D. Del. Sept. 29, 2014)
James W. Semple; Morris James LLP;
Legal Alert/Article
November 27, 2014, previously published on October 22, 2014
This case involves a relatively new phenomenon called “stranger originated life insurance” schemes, or “STOLI” schemes, for short. In a STOLI scheme, an investor or investors seek to obtain a pecuniary interest in the life insurance policy on an individual with whom the...

 

HTMLMulrooney v. Life Ins. Co. of the S.W., 2014 WL 4407854 (Del. Super. Ct. Sept. 3, 2014)
James W. Semple; Morris James LLP;
Legal Alert/Article
November 27, 2014, previously published on October 22, 2014
In Mulrooney v. Life Insurance Co. of the Southwest, the Delaware Superior Court reaffirmed the notion that a party may be bound by misrepresentations in an insurance application, if the misrepresentation is attributable to the applicant. In Mulrooney, Plaintiff Holly Mulrooney...

 

HTMLBeazer Homes Corp. v. Selective Ins. Grp., Inc., 2014 WL 3955746 (D. Del. Aug. 8, 2014)
James W. Semple; Morris James LLP;
Legal Alert/Article
November 27, 2014, previously published on October 22, 2014
An employee of Defendant T.C. Electric Co. (“TC”) was injured at a development site of Beazer Homes Corp.’s (“Beazer”) and filed suit against Beazer. Beazer had been added as an “additional insured” to TC’s insurance policy issued by Defendant...

 

HTMLKnott v. LVNV Funding, LLC, C.A. No 453, 2013, 2014 WL 2873889 (Del. June 24, 2014)
James W. Semple; Morris James LLP;
Legal Alert/Article
November 27, 2014, previously published on October 1, 2014
Insurance companies and their insureds should be interested in the law of judgment creditors for obvious reasons: insureds sometimes have judgments entered against them, and insurers may be liable for them. In this case, the Delaware Supreme Court considered whether 10 Del. C. § 5072 or §...

 

HTMLWhen the “Discovery Rule” is Irrelevant
Adam L. Gill, Jeffrey L. Hamera; Duane Morris LLP;
Legal Alert/Article
November 18, 2014, previously published on September 29, 2014
Can the statute of limitations for a claim expire even before a project owner knows that it has a claim? This is a very real possibility if one is not careful in drafting contracts. Courts generally recognize that sophisticated business entities should be permitted to forfeit rights in contracts,...

 

HTMLFailure to Comply With Prompt Pay Act Trumps Claimed Failure to Perform
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
November 17, 2014, previously published on November 3, 2014
When a New Jersey public authority failed to comply with the NJ Prompt Pay Act,[1] it was obligated to pay the contractor even though it argued the contractor’s work was defective. That was the decision of the NJ Appellate Division in the case of Aire Enterprises v. Warren County.[2] After...

 

HTMLCarrier’s Investigation and Denial Of UIM Benefits Following Payment of First Party Medical Claim Not Bad Faith; Neither Length of Investigation Alone Nor Disputing Causation After Not Making it an Issue in Original Claim Create Bad Faith Per Se (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 7, 2014
In Shaffer v. State Farm Mut. Auto. Ins. Co., plaintiff and his wife brought a bad faith claim against their carrier after being denied UIM coverage, following payment of medical coverage on a first party claim. The claim resulted from a motor vehicle accident in which the other driver was...

 


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