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Delaware Law Weekly

High Court Adopts Final Judgment Rule in Insurance Dispute

The Delaware Supreme Court recently ruled the three-year statute of limitations for an insurance bad-faith claim accrues when an excess judgment becomes final and is no longer appealable.
5 minute read

The Legal Intelligencer

Dehoyos v. GEICO, PICS Case No. 16-0260 (C.P. Monroe Dec. 23, 2015) Williamson, J. (5 pages).

By | March 05, 2016
The dismissal of plaintiff's claim for underinsured motorist benefits barred her claim for bad faith based on the denial of that claim but disputed factual issues regarding her claim for first-party motorist benefits precluded summary judgment dismissal of her bad-faith claim based on the denial of those benefits. Defendant's motion to dismiss bad-faith claims granted in part, denied in part.
4 minute read

The Legal Intelligencer

Brands v. Erie Ins. Exch., PICS Case No. 16-0262 (C.P. Monroe Oct. 1, 2015) Williamson, J. (5 pages).

By | March 05, 2016
Plaintiff involved in an automobile accident sued for UM coverage against defendants Erie Insurance Group and 21st Century Indemnity Insurance and a bad-faith claim against Erie, which filed a motion to sever and stay the bad-faith claim. Bad-faith claim motion sustained, and cases severed.
3 minute read

The Legal Intelligencer

Freedom Med. Supply, Inc. v. State Farm Fire and Cas. Co., PICS Case No. 16-0243 (Pa. Feb. 16, 2016) Todd, J. (14 pages).

By | March 05, 2016
In response to a certified question concerning the Motor Vehicle Financial Responsibility Law, the court found that §69.43(c) permitted but did not require that reimbursements be calculated predicated on the provider's bill for services or the data collected by the carrier.
3 minute read

New Jersey Law Journal

Attorney's Years-Long Delay Means Hard Luck for Client

A plaintiffs lawyer who let a client's auto-injury arbitration fester for three years "did not exercise a modicum of diligence, let alone due diligence," a state appeals court said in ruling that the delay amounted to a waiver.
4 minute read

Delaware Law Weekly

State Supreme Court Asked to Weigh Statute of Limitations

In oral arguments before the Delaware Supreme Court, attorneys argued Feb. 23 over when the statute of limitations for bringing a bad-faith claim against an insurer starts to run.
3 minute read

The Legal Intelligencer

Pa. Justices Broaden Insurers' MVFRL Reimbursement Methods

Insurers are not limited in the methods they can use to calculate reimbursement rates for medical companies that provide products to automobile accident victims under the Motor Vehicle Financial Responsibility Law, the Pennsylvania Supreme Court has ruled.
4 minute read

New Jersey Law Journal

Judge: Teen's Auto Insurance Premiums Can Boost Child Support

It is a given that when a teenager turns 17 and gets a driver's license, the parents' insurance premiums skyrocket. A New Jersey judge has ruled in a case of first impression that child support payments may be increased to help foot the bill.
5 minute read

Law.com

Mercedes Accused of Diesel Fraud Similar to VW Scandal

A class action filed in federal court in Newark says Mercedes-Benz "Clean Diesel" models are programmed to shut off pollution controls under certain circumstances—a claim reminiscent of the recent scandal at Volkswagen that prompted hundreds of lawsuits.
3 minute read

New York Law Journal

Insurance Law Lessons My Father Taught Me

In his Insurance Law column, Jonathan A. Dachs writes: This column, which has been co-authored for the past 28-plus years, now has a lone author. Conspicuous by its absence is the byline and smiling face of my long-time co-author, and even longer-time father, mentor, law partner, and friend, Norman H. Dachs. It was a distinct privilege, and, indeed, a blessing, to have been able to work side by side with my father, and to learn from his sheer brilliance, ingenuity and skill how to practice law, and how to think, read and write like a lawyer, while at all times being and remaining a gentleman.
14 minute read

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