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HTMLMaryland Federal District Court Grants Defendant-Physician’s Partial Motion for Summary Judgment in Declaratory Action Involving Insurance Coverage Dispute
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 19, 2014, previously published on August 2014
In Catlin Specialty Insurance Co. v. Barry I. Aron, M.D., the Maryland District Court was asked to decide a medical malpractice insurance coverage dispute involving Defendant, Dr. Barry I. Aron (“Dr. Aron”) an obstetrician/gynecologist who had purchased an insurance policy from...

 

HTMLAllocation of Underlying Settlement and UM Coverage Set-Off
Carlock Copeland Stair LLP;
Legal Alert/Article
August 19, 2014, previously published on August 11, 2014
Long standing Georgia law requires a claimant to exhaust the tortfeasor’s underlying liability insurance limits before looking to uninsured motorist insurance for coverage. Daniels v. Johnson, 270 Ga. 289, 290 (1998). Additionally, Georgia public policy prohibits the recovery of punitive...

 

HTMLSecond Circuit Affirms Summary Judgment Opinion Allocating Financial Responsibility For April 2006 Texas Train Derailment
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
In an April 2006 train derailment near Dallas, much of a train’s cargo, which included tractors, copying machines, and other manufactured goods, was destroyed. The goods were manufactured in Japan, shipped across the Pacific, and loaded onto railcars in California. Following the derailment,...

 

HTMLThere is No Bad Faith Claim Where the Breach of Insurance Contract Claims Failed Either Because there was No Coverage or Insurer’s Position was Reasonable; Contract Claims against the Insured Contractor Failed Because they Do Not Constitute an Occurrence under Kvaerner or as "Subcontracted Work Property Damage"; or are Subject to CGL Exclusions J(5) and J(6), and Conduct at Issue is Outside Products Completed Operation Hazard; And there is No Duty to Defend in the Absence of a Suit (Third Circuit and Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
August 5, 2014, previously published on August 1, 2014
In Allegheny Design Management v. Travelers Indemnity Company of America, the insured was a general contractor with a commercial general liability policy. It hired a subcontractor to install glass and another to clean the glass that was to go in the new construction of a store. After installation,...

 

HTMLFifth Circuit Finds Third-Party Has Standing Against Insurer When Forced To Counterclaim By Federal Rules
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 18, 2014
The Fifth Circuit recently addressed an exception to the general principal under Texas law that when an insured damages the property of a third party, the insurer is not obligated to pay damages on behalf of its insured until there is a final judgment entered against the insured or a settlement...

 

HTMLTwo Recent Federal Cases Reflect Different Summary Judgment Approaches To Property Damage Claims
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 18, 2014
A federal court in Dallas granted summary judgment in favor of American Insurance Company (“AIC”) in a hail storm case. In Hamilton Properties v. Am. Ins. Co., No. 3:12-CV-5046-B, 2014 WL 3055801 (N.D. Tex. July 7, 2014) (Boyle, J.), a commercial property owner sued AIC for denial of a...

 

HTMLInsurers May Have New Remedy To Challenge Amount Of Hospital Medical Charges
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 18, 2014
The Fourteenth Court of Appeals in Houston recently found an insurer had standing to challenge medical charges subject to a hospital lien in a personal injury lawsuit. In Allstate Indem. Co. v. Memorial Hermann Health System, No. 14-13-00307-CV, 2014 WL 2895187 (Tex. App.—Houston [14th Dist.]...

 

HTMLSouthern District Grants Summary Judgment In Favor Of The Insurer After Partial Appraisal Award Was Paid To The Insured
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 28, 2014
Last week, in Toney v. State Farm Lloyds, Civil Action No. 7:13-CV-183 (S.D. Tex. July 21, 2014), a Federal District Court Judge in the Southern District of Texas dismissed all of the Insured’s contractual and extra-contractual causes of action against State Farm.

 

Adobe PDFThe Arizona Supreme Court Considers The Preclusive Effect of Damron Agreement Stipulations On Subsequent Coverage Disputes
Jefferson T. Collins; Jones, Skelton & Hochuli, P.L.C.;
Legal Alert/Article
August 4, 2014, previously published on July 2014
In Quihuis v. State Farm Mut. Aut. Ins. Co., 748 F.3d 911 (9th Cir. 2014), the Ninth Circuit Court of Appeals recently certified a question to the Arizona Supreme Court that could have a significant impact on insurance law in the state. Quihuis involves a coverage dispute. The coverage litigation...

 

HTMLInsureds Failed To Plead Any Facts to Support a Plausible Bad Faith Claim in UIM Case, Court Giving Examples of Failures in Pleading, But Gives Leave to Amend; Court States Fiduciary Relationship Only Exists Between Insured and Insurer in Limited Circumstances (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
August 1, 2014, previously published on July 29, 2014
In Flynn v. Nationwide Insurance Company of America, the insured brought a UIM claim, alleging breach of contract, lost wages and bad faith, and included within his complaint allegations that the carrier breached its fiduciary duty. The carrier moved to dismiss the bad faith claim, and to strike...

 


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