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The Legal Intelligencer

Ruling in Favor of Insurer Reversed in Garage Fire Case

The Pennsylvania Superior Court has reversed a finding that the owners of a garage were contributorily negligent in the case of a fire that destroyed the structure, ultimately putting the insurance company on the hook for damages.
3 minute read

Texas Lawyer

The Punitive Damages Pendulum

Until 2008, Texas law excluded punitive damages from insurance coverage as a matter of public policy. Northwestern National Cas. Co. v. McNulty, 307…
5 minute read

Law.com

$25.6M Okla. Verdict Against Aetna in Denied Treatment Case Raises Bad-Faith Issues

Aetna maintained that its denial of coverage for a woman seeking proton therapy for an ultimately fatal cancer was appropriate because the treatment was deemed "experimental or investigational."
9 minute read

New Jersey Law Journal

Evidence Quarrel Triggers Civil Rights Lawsuit Against Banking and Insurance Commissioner

New Jersey Banking and Insurance Commissioner Marlene Caride was hit with a civil rights lawsuit over her decision overruling an administrative law judge in an evidence dispute.
5 minute read

New Jersey Law Journal

After 'Feel of the Case' Repeal, Supreme Court Seeks Amici on Additur and Remittitur

The court will accept briefs through Dec. 17 that are submitted with amicus motions on specific questions concerning computation of additur and remittitur.
4 minute read

Daily Report Online

Ga. High Court Declines to Revive $30M Hand Verdict

Lawyers on both sides say they'll win the new trial.
5 minute read

The Recorder

Potential Risks When Valuing Claims

Although many attorneys strive to assist their clients in making informed decisions, the act of predicting results can be less than certain.
6 minute read

The Legal Intelligencer

No Indemnity for Landlord Whose Tenants Sued Over Carbon Monoxide Poisoning

U.S. District Judge Joseph F. Leeson Jr. of the Eastern District of Pennsylvania granted Foremost Insurance Co.'s motion for summary judgment on the basis that the policy's pollutant exclusion was applicable.
3 minute read

The Legal Intelligencer

Court: No Bad Faith in Disability Insurer's Claims Investigation—Including Procuring Claimant's Golf Scores

A federal judge has rejected a dentist's lawsuit against his disability insurer over its refusal to cover him for an eye injury, finding that the insurer did not act in bad faith in its claims investigation, which allegedly included procuring his golf scores in an attempt to discredit his claim.
4 minute read

The Legal Intelligencer

NJ District Court Weighs In On Federal Benefits Law Pre-Emption

On Sept. 24, the U.S. District Court for the District of New Jersey filed a decision in Glastein v. Aetna, Civ. No. 18-9262, filed September 24, 2018 (U.S.D.J). addressing a motion to dismiss. It is an unpublished decision, but it worth discussing for its instructive—if not precedential—value.
5 minute read

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