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HTMLCourt Determines Time When Insurer Reasonably Anticipated in Litigation in Deciding Discovery Disputes Over Work Product Protection vs. Discoverable Ordinary Business Records; Sides With Those District Courts in the Third Circuit Allowing for Discovery of Reserves; And Refuses to Allow Mere Allegation of Bad Faith to Blow Up Work Product Protections (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 23, 2014
In Borgia v. State Farm Mutual Automobile Insurance Co., the court addressed discovery disputes in the context of UIM breach of contract and bad faith claims, based on refusal to pay the $750,000 policy limits and alleged unreasonable delays in claim processing. The insured had sustained serious...

 

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...

 

HTMLWhere Insured Gave Materially Inaccurate Written Information in Insurance Application, Even If She Gave Correct Information Orally to Insurer’s Agent, Insurer Had a Reasonable Basis to Decline Coverage, And So There Could Be No Viable Bad Faith Claim (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 26, 2014
In Jones v. State Farm Fire & Casualty Company, the insured suffered a fire to a home. At the time, the home was not her primary residence, and it was being renovated. The insured claimed that prior to obtaining the insurance policy at issue, she informed the insurer’s agent of this fact,...

 

HTML(1) Statutory Bad Faith Claim Sufficiently Pleaded Because Plaintiff Alleged Basis for Unreasonable Cancellation; (2) No Statutory Bad Faith Actionable Against a Broker Who is Not an Insurer; (3) No Breach of Fiduciary Duty Claim Pleaded that Goes Beyond Contract Claim for Duty of Good Faith and Fair Dealing (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on October 1, 2014
In Kofsky v. Unum Life Insurance Company of America, the insured purchased a disability insurance policy. He alleged that the defendants, the insurer and the insured’s broker, unilaterally cancelled his insurance policy without prior notice. Thereafter, the insured claimed that he still...

 

HTMLCourt Gives Parties 60 Days to Do Discovery to Determine If Policy Falls Within Safe Harbor to ERISA Preemption (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 26, 2014
In Van Arsdel v. Liberty Mutual Insurance Company, the insurer sought dismissal of state law claims, including bad faith, based upon ERISA pre-emption. The insured responded that there were questions of fact as to whether ERISA covered the insurance at issue or whether it fell under ERISA’s...

 

HTMLInsurer’s Arguments that Bad Faith Statute Did Not Encompass Policy Solicitation Conduct or Post-Claims Underwriting Were Inapposite Where Insured Alleged that Insurer Used Allegedly Fraudulent Application Forms as a Basis to Deny Coverage (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
October 8, 2014, previously published on September 30, 2014
In Fields v. Gerber Life Insurance Company, the case involved an out-of-state insurer licensed to sell endowment life insurance policies, marketed as college savings plans, through the internet and telephone. Plaintiff obtained a policy for her seriously infirm infant grandson. She was forthcoming...

 

HTMLTenth Circuit Affirms Indemnification Award Involving Incident At Wyoming Well
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 3, 2014, previously published on September 29, 2014
In 2001, an owner and operator of oil and gas wells entered into a master services agreement with a contractor for work on a Wyoming well. The agreement contained an indemnity provision whereby the contractor agreed to indemnify the owner “from and against all claims, damages, losses...

 

HTMLHouse Bill 373 Enacted To Control Level Of Workers’ Compensation Insurance Premiums By Making Significant Changes In Medical Reimbursements Allowable Under Healthcare Payment System.
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The summary to House Bill 373 gives the following reasons behind its enactment:

 

HTMLFinal Deadline Imminent for Enrolling in Delaware VDA Program
David W. Arrojo, Brendan Ballard, Phillip E. Stano, Steuart H. Thomsen, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 26, 2014, previously published on September 22, 2014
The enrollment period for the Delaware Secretary of State’s Voluntary Disclosure Agreement Program (the Delaware VDA Program) for unclaimed property reporting closes next week on September 30, 2014. Delaware has previously extended the deadline for entering the Delaware VDA Program, but the...

 

HTMLA Perfectly Imperfect Process: Dauphin County’s First Post-Koken Jury Trial
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 1, 2014
On December 29, 2005, all underinsured motorist claims (UIM) that couldn’t be resolved by the parties themselves were resolved through arbitration. The following day, everything changed. It was on that date that the Pennsylvania Supreme Court issued its decision in Insurance Federation of...

 


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