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HTMLBeazer Homes Corp. v. Selective Ins. Grp., Inc., 2014 WL 3955746 (D. Del. Aug. 8, 2014)
James W. Semple; Morris James LLP;
Legal Alert/Article
November 27, 2014, previously published on October 22, 2014
An employee of Defendant T.C. Electric Co. (“TC”) was injured at a development site of Beazer Homes Corp.’s (“Beazer”) and filed suit against Beazer. Beazer had been added as an “additional insured” to TC’s insurance policy issued by Defendant...

 

HTMLKnott v. LVNV Funding, LLC, C.A. No 453, 2013, 2014 WL 2873889 (Del. June 24, 2014)
James W. Semple; Morris James LLP;
Legal Alert/Article
November 27, 2014, previously published on October 1, 2014
Insurance companies and their insureds should be interested in the law of judgment creditors for obvious reasons: insureds sometimes have judgments entered against them, and insurers may be liable for them. In this case, the Delaware Supreme Court considered whether 10 Del. C. § 5072 or §...

 

HTMLMulrooney v. Life Ins. Co. of the S.W., 2014 WL 4407854 (Del. Super. Ct. Sept. 3, 2014)
James W. Semple; Morris James LLP;
Legal Alert/Article
November 27, 2014, previously published on October 22, 2014
In Mulrooney v. Life Insurance Co. of the Southwest, the Delaware Superior Court reaffirmed the notion that a party may be bound by misrepresentations in an insurance application, if the misrepresentation is attributable to the applicant. In Mulrooney, Plaintiff Holly Mulrooney...

 

HTMLPenn Mut. Life Ins. Co. v. Norma Espinosa 2007-1 Ins. Trust, — F.Supp.3d —, 2014 WL 4811879 (D. Del. Sept. 29, 2014)
James W. Semple; Morris James LLP;
Legal Alert/Article
November 27, 2014, previously published on October 22, 2014
This case involves a relatively new phenomenon called “stranger originated life insurance” schemes, or “STOLI” schemes, for short. In a STOLI scheme, an investor or investors seek to obtain a pecuniary interest in the life insurance policy on an individual with whom the...

 

HTMLCarrier’s Investigation and Denial Of UIM Benefits Following Payment of First Party Medical Claim Not Bad Faith; Neither Length of Investigation Alone Nor Disputing Causation After Not Making it an Issue in Original Claim Create Bad Faith Per Se (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 7, 2014
In Shaffer v. State Farm Mut. Auto. Ins. Co., plaintiff and his wife brought a bad faith claim against their carrier after being denied UIM coverage, following payment of medical coverage on a first party claim. The claim resulted from a motor vehicle accident in which the other driver was...

 

HTMLEleventh Circuit holds that Standard for Georgia ROR is "Adequacy"
L. Elizabeth Albright; Carlock, Copeland & Stair, LLP;
Legal Alert/Article
November 10, 2014, previously published on October 31, 2014
In evaluating whether an insurer made a proper reservation of rights (ROR), the Eleventh Circuit Court of Appeals, in an unpublished opinion, held that whether the insurer fairly informed the insured of its coverage position is the proper standard in assessing whether coverage defenses were...

 

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...

 

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,...

 

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...

 

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...

 


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