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Documents on Litigation, Construction, Insurance
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|Court Reverses Punitive Damage Verdict Against Insurer|
Jones Skelton Hochuli P.L.C.;
October 25, 2016, previously published on September 29, 2016A 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...
|Favorable Opinion Rendered in Iowa Mechanic's Lien Case|
Jodie Clark McDougal; Davis, Brown, Koehn, Shors & Roberts, P.C.;
October 25, 2016, previously published on September 1, 2016On 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.
|Third Circuit Affirms Summary Judgment for Nationwide in Bad Faith Case|
Charles E. Haddick, Bryon R. Kaster; Dickie, McCamey & Chilcote, P.C.;
October 11, 2016, previously published on October 6, 2016In 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...
|Unclaimed 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;
October 5, 2016, previously published on October 5, 2016Disputes 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...
|Court 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;
September 11, 2016, previously published on August 24, 2016In 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...
|Murray v. Farmers Insurance Company|
Jones Skelton Hochuli P.L.C.;
March 4, 2016, previously published on January 19, 2016For 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...
|No “Near Miss” on Offers to Settle Timing, But Discretion on Costs Rests With Trial Judge|
Natalie Salafia; Borden Ladner Gervais LLP;
January 28, 2016, previously published on January 20, 2016There 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.
|NJ Supreme Court Reaffirms Limitations of "Mode of Operation" Doctrine|
Gregory D. Speier; Marshall Dennehey Warner Coleman & Goggin, P.C.;
October 15, 2015, previously published on October 1, 2015In a significant ruling that will impact how premises liability cases are litigated throughout the state, the New Jersey Supreme Court, on September 28, 2015, unanimously reaffirmed the limitations of ‘Mode of Operation’ applicability.
|The Wild West of Improper Joinder in North Texas|
Jennifer L. Gibbs; Zelle Hofmann Voelbel & Mason LLP;
August 18, 2015, previously published on August 17, 2015In 1998, the Texas Supreme Court recognized that an insurance claim adjuster can be held personally liable for a breach of the Texas Insurance Code. Based on this precedent, it has become commonplace for claim adjusters to be named as defendants in lawsuits arising from disputed insurance claims....
|Ohio Precludes Insurance Coverage for Employer Intentional Torts|
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 14, 2015, previously published on September 1, 2015In the recent case of Hoyle v. DTJ Enterprises (In re Hoyle), 2015 U.S. Dist. LEXIS 595 (Ohio 2015), the Ohio Supreme Court effectively eliminated insurance coverage for employer intentional torts. It held that insurance policies that preclude coverage for acts committed with a deliberate intent to...