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Adobe PDFThe Wild West of Improper Joinder in North Texas
Jennifer L. Gibbs; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
August 18, 2015, previously published on August 17, 2015
In 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....

 

HTMLAre Your Rights Reserved?
Margaret M. Jenks; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
On April 15, 2015, in the case of Erie Ins Exch. v. Lobenthal, 114 A.3d 832 (Pa. Super. 2015), the Pennsylvania Superior Court addressed the validity of a reservation of rights letter issued by the insurer. The Superior Court found that two separate reservation of rights letters were both...

 

HTMLOhio Precludes Insurance Coverage for Employer Intentional Torts
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
In 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...

 

HTMLLimiting or Disposing of Insurance Claims and Lawsuits by Utilizing Bankruptcy Records and the Doctrine of Judicial Estoppel
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
Judicial estoppel precludes a party from assuming inconsistent positions in separate legal actions. If a party takes one position in a prior legal action, he or she cannot take a different position on the same issue in a subsequent action. The doctrine of judicial estoppel is intended to guard the...

 

HTMLCarjacking Victim Entitled to UM Benefits in New Jersey
Gina M. Zippilli; Capehart & Scatchard, P.A.;
Legal Alert/Article
August 6, 2015, previously published on July 30, 2015
Generally speaking, to be entitled to UM benefits in New Jersey, an insured must show that a vehicle is uninsured; that the claimed injuries were the result of an accident; and that the injury arose out of the ownership, maintenance or use of the insured vehicle.

 

HTMLInsurer Not Required to Defend Insured Against Allegations of Direct and Vicarious Liability Arising from Alleged Kidnapping Scheme by Insured and its Agents
Caroline E. Willsey; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 31, 2015, previously published on July 2015
In Liberty University, Inc. v. Citizens Insurance Company of America, et al., No. 14-2254, (U.S. Court of Appeals for the Fourth Circuit, July 10, 2015), the U.S. Court of Appeals for the Fourth Circuit considered whether the U.S. District Court for the Western District of Virginia erred in ruling...

 

HTMLSaskatchewan Court of Appeal Dramatically Reduces Punitive Damages Award Against Insurers
Adriana De Marco, Andrew Harrison; Borden Ladner Gervais LLP;
Legal Alert/Article
July 15, 2015, previously published on July 14, 2015
The Saskatchewan Court of Appeal recently allowed appeals by both Zurich and AIG in a claim advanced by an injured worker, reducing the punitive damages awards made against the insurers from $4.5 million to $675,000.

 

HTMLNotice of Claim Sufficient to Exclude Coverage from Retroactive Professional Insurance Policy.
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
June 24, 2015, previously published on June 2015
On November 26, 2011, Kortney Jackson, a mentally disabled autistic adult, was burned severely while in the care of Antiniece Middleton, an employee/independent contractor of Community Direct Services, Inc. (“CDS”). Shortly thereafter, Carolyn Jackson, as mother, guardian and next...

 

HTMLClaiming Litigation Privilege Before a Lawsuit Starts
Daniel W. Barber; Singleton Urquhart LLP;
Legal Alert/Article
June 23, 2015, previously published on June 19, 2015
In the early stages of handling an insurance claim, an adjuster always wants to discover as much as possible about it. If a claim arouses any doubts about its veracity, the adjuster will often engage an outside investigator to undertake a more detailed investigation.

 

HTMLThe Top Five Mistakes in Complex Litigation Work Flow: A Primer (Reminder) for Lead (and other) Paralegals
Marc A. Manos; Nexsen Pruet, LLC;
Legal Alert/Article
June 23, 2015, previously published on June 8, 2015
Nexsen Pruet member (partner) Marcus A. Manos recently conducted a refresher for paralegals at the firm. Entitled "A Primer (Reminder) for Lead (and other) Paralegals," Manos took veterans and newer hires through each step of the firm's work flow. To begin the training session, he focused...

 


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