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The Legal Intelligencer

Bransfield v. N.J. Mfr. Ins. Co., PICS Case No. 17-0320 (E.D.Pa. Feb. 23, 2017) Beetlestone, J. (11 pages).

By | March 16, 2017
Remand of a declaratory judgment action was proper where state law was unsettled as to whether a valid rejection of underinsured motorist coverage and stacked coverage remained in effect when a second vehicle was added to the policy. Motion to remand granted.
6 minute read

The Legal Intelligencer

Harden v. Certain Underwriters at Lloyd's London, PICS Case No.17-0230 (C.P. Philadelphia Feb. 3, 2017) Glazer, J. (4 pages).

By | March 16, 2017
An insurer was entitled to summary judgment where plaintiffs failed to file any response to the factual allegations in the motion for summary judgment.
3 minute read

New York Law Journal

Matter of EAN Holdings LLC v. Joseph

By | March 16, 2017
Petitioner Prejudiced by Respondent's Delay in Claim for Uninsured Motorist Benefits
3 minute read

New York Law Journal

The Applicability (Inapplicability) of New York's Disclaimer Statute, Continued

Insurance Law columnist Jonathan A. Dachs discusses New York's disclaimer statute and an explicit statutory limitation—the requirement that the claim at issue in the policy being denied or disclaimed be one involving "death or bodily injury"—as well as certain judicially created or recognized limitations or exclusions from the applicability of the disclaimer statute.
32 minute read

New York Law Journal

Special Interrogatories in Coverage Disputes: How to Pop the Question

Benjamin Zelermyer and Jeffrey G. Steinberg write that neither a plaintiff nor an insured defendant may be eager to ask the trial court to submit special questions to the jury, prefering to leave the basis of a potential verdict for the plaintiff uncertain, placing the burden on the insurer. However, despite the obvious utility of special interrogatories, insurers rarely move to intervene and courts in New York often refuse to permit intervention.
14 minute read

Daily Report Online

Settlement Adds $700K in Fees to $3.7M Verdict

Following a 2015 Gwinnett County verdict awarding $3.7 million to a man whose back was injured in an auto accident, his lawyers collected another $700,000 in attorney fees after settling claims under Georgia's offer of settlement statute.
8 minute read

Legaltech News

Insurance Carriers Say Driverless Car Data Is Key to Rates

That demand for data puts the industry at odds with some car manufacturers that fear the release, potentially through a hack, of trade secrets.
7 minute read

The Legal Intelligencer

Justices Eye Autism-Treatment Coverage Requirements

Does a general insurance exclusion barring coverage for in-school services violate a state law meant to ensure that insurance policies cover treatment of autism spectrum disorders?
7 minute read

New York Law Journal

Lincoln Financial Hit With $1.5M Fine for Affiliates' Claims-Processing Delays

New York regulators have fined the Lincoln Financial Group $1.5 million for the company's failure to deal with widespread claims-processing errors and its tardiness at reporting the problem to the state.
5 minute read

New York Law Journal

NY Regulators Fine Oxford Health $1M for Deficiencies

Oxford Health Plans (NY) and Oxford Health Insurance have been fined $1 million for what New York state regulators said was the failure to properly respond to consumer complaints and the use of unlicensed agents.
3 minute read

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