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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 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
April 04, 2024 | The Legal Intelligencer

Prophylactic Affirmative Defenses: Doing More Harm Than Good?

While merely striking affirmative defenses that should not have been in the action in the first place may not be a sufficient deterrent to curb the filing of frivolous defenses, where the assertion of such baseless prophylactic defenses occurs in first party insurance litigation, such as uninsured (UM) or underinsured (UIM) motorist claims, it may result in much harsher repercussions.
7 minute read
March 08, 2024 | Daily Report Online

Settlement Strategy: Line-by-Line Holt Demand Leads to $1.25M Resolution

The plaintiff is 82 years old.
4 minute read
January 24, 2024 | Daily Business Review

Morgan & Morgan Turns $200k Into $2.6 Million for Broward Woman

"Insurance companies underestimate my firm's readiness for trial," said Jennifer Rosinski, attorney with Morgan & Morgan.
3 minute read
November 10, 2023 | Texas Lawyer

Allstate Accused of Slipping Changes Into Policies: Plaintiffs Want to Combine 78 Lawsuits

"It is about Allstate's statewide unlawful and fraudulent underwriting practices vis-à-vis modifying its insureds' policies without requisite notice, and ultimately, how these modifications negatively impacted its insureds' rights to recovery," attorney Jason Palker said.
3 minute read
October 10, 2023 | Daily Business Review

What's Behind Florida Insurers Being Battered With Lawsuits These Last 10 Months?

Heading into September, nearly 100 federal lawsuits were filed against property and casualty insurers, according to Law.com Radar.
3 minute read
October 09, 2023 | Law.com

NM Supreme Court Clarifies Stacking UM/UIM Coverage, to Be Applied Prospectively

"We hold that, in recognition of the practical reality that insurers now permit stacking as a matter of course in New Mexico, offers of UM/UIM insurance going forward must include a brief discussion of stacking," stated Justice Briana H. Zamora. "However, insurers need not set out a matrix of all stacking possibilities in their offers of UM/UIM coverage to adequately inform insureds of the potential effects of stacking."
6 minute read
September 29, 2023 | New Jersey Law Journal

Camden Jury Awards $1.3 Million in UM Benefits in Suit Against NJ Manufacturers

A Camden County jury awarded $1.3 million on Aug. 10 to a man injured in a motor vehicle accident in his claim filed against his own insurer for uninsured-motorist benefits.
4 minute read
August 09, 2023 | New York Law Journal

Multiple EUO No-Shows: Timely Denial in Recent Case

An insurer may require a no-fault claimant (either the individual injured person or his/her assignee medical provider) to appear for an examination under oath (EUO) 11 NYCRR 65-3.5. If a claimant fails to appear for two scheduled EUOs, the insurer may deny the claim, provided it is raised in a timely denial of claim form.
12 minute read

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