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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...

 

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...

 

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 §...

 

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...

 

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...

 

HTMLEleventh Circuit holds that Standard for Georgia ROR is "Adequacy"
L. Elizabeth Albright; Carlock, Copeland & Stair, LLP;
Legal Alert/Article
November 10, 2014, previously published on October 31, 2014
In evaluating whether an insurer made a proper reservation of rights (ROR), the Eleventh Circuit Court of Appeals, in an unpublished opinion, held that whether the insurer fairly informed the insured of its coverage position is the proper standard in assessing whether coverage defenses were...

 

HTMLDoes Pennsylvania Law Permit Contractors and Owners to Extend the Six-Month Filing Deadline By Agreement?
Dylan B. Spadaccino; Babst Calland;
Legal Alert/Article
October 9, 2014, previously published on September 18, 2014
It is not uncommon for a subcontractor, for example, to call his or her attorney regarding filing a lawsuit against the prime contractor, 13 months after the dispute arose, only to learn that buried deep within the 50 page, single spaced, 8-point font contract, lurks a clause that shortened the...

 

HTMLAfter Jury Verdict for Disability Insurer in Bad Faith Case, Court Found that (1) Limited Disclosure of Evidence on Regulatory History Was Within The Court’s Discretion; (2) Allowing Wide Latitude on Cross of Expert Met Daubert; And (3) Jury Had Sufficient Evidence, Taken in Light Most Favorable to the Verdict Winner, to Rule as It Did (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 29, 2014
In Leporace v. New York Life and Annuity Corp., involving a disability policy, the jury found for the insurer on the contractual and statutory bad faith claims. In summarizing the law on both causes of action, Judge Baylson looked to Judge McLaughlin’s Dewalt opinion in addressing the...

 


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