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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...

 

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...

 

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...

 

HTMLDirectional Driller’s Employee’s Claims Against Lease Owner And Drilling Contractor Defeated On Summary Judgment
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
The Texas owner of a North Dakota oil and gas lease contracted with a drilling company to provide a drilling rig and drilling services (the “drilling contractor”), and also contracted with another company to perform directional drilling services (the “directional driller”)....

 

HTMLFifth Circuit Requires Underwriters to Pay for Removal of Debris Claims Under Excess Policies
William C. Baldwin; Jones Walker LLP;
Legal Alert/Article
September 5, 2014, previously published on August 28, 2014
After Hurricane Ike caused extensive damage to W&T Offshore's operations and required expensive removal of debris costs, W&T Offshore's excess underwriters filed a preemptive declaratory judgment action, seeking a ruling that the underwriters were not obligated to pay claims under their excess...

 

HTMLSubcontractor’s Insurer Owes Duty To Defend Contractor For Liability Suits Arising From Fatal Fireworks Explosion
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 4, 2014, previously published on August 28, 2014
Company A had a contract with the federal government to destroy seized fireworks and hired Company B to actually destroy them. While Company B was in the process of destroying the fireworks, an explosion occurred that killed five Company B employees. Multiple liability suits followed. Company...

 

HTMLShafer Electric & Construction v. Mantia: PA Supreme Court Holds That Noncompliance with the Home Improvement Consumer Protection Act Does Not Entitle Homeowners to Free Work
Matthew L. Erlanger, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
September 2, 2014, previously published on August 21, 2014
Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the contractor’s home improvement contractor registration...

 

HTMLCourt Sanctions Plaintiff for Appraisal Delaysá- Dismisses Lawsuit with Prejudice for Failure to Cooperate
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
September 2, 2014, previously published on August 18, 2014
A U.S. District Court Judge for the Southern District of Texas, McAllen Division, recently put an end to Plaintiff's contumacious delays involving discovery requests, designation of experts, depositions and ultimately, a failure to cooperate with an appraisal invoked by Plaintiff after a year of...

 


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