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HTMLFailure to Follow Investigative and Claims Handling Standards in Insurer’s Own Manual, Adjuster’s Failure to Consult with Others and Go beyond Her Own Conclusions, and Failure to Conduct IME Defeat Motion to Deny Bad Faith Claim (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 20, 2014
Mineo v. Geico involved a UIM claim. The insured was a Vietnam War Veteran who had suffered significant combat injuries during the War. Years later he was in a motor vehicle accident and suffered a shoulder injury. After the accident, there was some record that he suffered a further shoulder...


HTMLCourt Denies Insurers Motions to Preclude Expert Testimony, Bifurcate the Trial and for Summary Judgment Where Insurer Required 3 IMES which Reached Inconsistent Results (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 15, 2014
In Monaghan v. Travelers Prop. Cas. Co. of Am., the Court, in three separate opinions, addressed the issues of the adequate burden of proof in bad faith claims, admissibility of expert testimony, and proper bifurcation of trial. The Court found that the pleading standards were met, that expert...


HTMLInsurance Industry Sweeps Retained Asset Account Doubleheader
Frederick R. Bellamy, Thomas R. Bundy, Nicholas T. Christakos, Thomas W. Curvin, Ellen M. Dunn; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
On August 26, the U.S. Court of Appeals for the First Circuit held in Vander Luitgaren v. Sun Life Ass. Co. of Canada, No. 13¿2090, 2014 WL 4197947 (1st Cir. Aug. 26, 2014), that an insurer, acting as a claims administrator, properly discharges its duties under the Employee Retirement Income...


HTMLPrecedent Setting Case: Standard Exclusion in Course of Construction Insurance Policy Interpreted for First Time
Lauren Kristjanson, Grant H. Mayovsky, David Miachika, Christopher J. O'Connor; Borden Ladner Gervais LLP;
Legal Alert/Article
August 29, 2014, previously published on August 25, 2014
Acciona Infrastructure Canada Inc.v. Allianz Global Risks US Insurance Company, 2014 BCSC 1568 ¿ Builders Risk (Course of Construction) Policy; LEG2/96 Defects Exclusion Interpreted; Fortuity and Damage Requirements Clarified


HTMLFor Whom the Ring Tones: TCPA Litigation and the Insurance Industry
Thomas M. Byrne, Thomas W. Curvin, Ellen M. Dunn, Juan C. Garcia, Cheryl L. Haas; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 28, 2014, previously published on August 25, 2014
Insurance companies are increasingly the subject of Telephone Consumer Protection Act (TCPA) lawsuits. Any insurance company that communicates with its customers, job applicants, and others by phone or text using an automated telephone dialing system—or that has independent or...


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...


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...


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...


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