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August 01, 2024 | Daily Business Review

Jacksonville Jury Awards $1.1 Million to Navy Family

"Mr. and Mrs. Page met and fell in love with each other while serving our country in the Navy, and now their quality of life has been dramatically eroded through no fault of their own," said Nick Concilla, a partner at Morgan & Morgan.
4 minute read
July 26, 2024 | New York Law Journal

Don't Allow Insurers to Weaken the Standard Applicable to the 'Expected or Intended' Coverage Defense

"In determining whether an organization's potential liability for an employee's sexual misconduct is covered, the relevant question is whether the harm was expected or intended from the organization's standpoint," write Joshua L. Blosveren and Bradley J. Nash.
11 minute read
July 25, 2024 | Law.com

Is This Allstate Subsidiary Shortchanging Policyholders? New Class Action Filed

"[The] plaintiff brings this lawsuit individually and on behalf of all other similarly situated insureds who suffered damages due to Safe Auto's refusal to pay [actual cash value] sales tax and regulatory fees for total-loss vehicles," the complaint said.
2 minute read
May 31, 2024 | New Jersey Law Journal

Allstate Qui Tam Action Can Proceed Against Clinical Laboratory Over 'Growing and Disturbing Trend' of Unnecessary Urine Drug Testing

"Allstate submits that, in recent years, the opioid abuse crisis has fueled urine drug testing (UDT) for pain management and prescription compliance, ripening opportunities for fraud, waste, and abuse," U.S. Chief District Judge Renée Marie Bumb wrote. "It links Phoenix Toxicology to a growing and disturbing trend of unnecessary UDT."
5 minute read
May 23, 2024 | Daily Business Review

Fla. High Court Clears Path for Insurance Companies to Utilize Payment Methodologies Enumerated in PIP Statute

The "billed amount" issue deals with both policy language and Section 627.736(5)(a)(5) of the PIP statute. In plain language, the issue can be summarized as whether an insurer is eligible to reimburse a bill at 80% of the amount billed when that amount is less than 200% of the Medicare fee schedule rate for the corresponding year for which the service was rendered.
8 minute read
Law Journal Press | Digital Book Texas Personal Automobile Insurance Policy 2020 Authors: Janet K. Colaneri View this Book

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May 07, 2024 | New Jersey Law Journal

Third Circuit Overlooks Jurisdictional Problem in New Jersey Insurance Fraud Claims Decision

"The Third Circuit clearly had appellate jurisdiction to decide the first two issues, but it did not have jurisdiction under the FAA to decide the third issue," writes David N. Cinotti of Pashman Stein Walder Hayden.
10 minute read
May 01, 2024 | Daily Report Online

Judicial Restraint Could Make or Break This Ga. Appellant's Argument for Venue-Anchoring

"I don't know that we really should care about policy," said Presiding Judge Stephen Dillard. "It's only what the statute says, and you may be right on that, you may not be right on that, but that's what I'm not getting."
5 minute read
April 10, 2024 | Connecticut Law Tribune

Amendment Did Not Change Underinsured Motorist Vehicle Definition, Appellate Court Says

The goal of the amendment was to "correct this inequity" found in the "Lenda" decision, the Connecticut Trial Lawyers Association said in a letter to the Legislature's Insurance and Real Estate Committee.
4 minute read
April 08, 2024 | Law.com

State Appellate Court Slaps Down Class Action Challenging Policy Change that Impacted Unemployment Benefits

The plaintiffs sued after the South Carolina Department of Employment and Workforce reportedly cut off their weekly benefits without notifying them of a new provision requiring them to conduct at least one job search per week using the SC Works Online System (SCWOS).
5 minute read
April 05, 2024 | New Jersey Law Journal

'Trap for Unguarded Consumer': Appellate Ruling Finds UIM Step-Down Provision Was Unclear

The ruling, which denied Wausau Underwriters Insurance Co.'s motion for reconsideration, waded into a novel question of insurance law regarding coverage for a vehicle with an alternate garaging address than what's listed on the policy.
5 minute read

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