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September 19, 2022 | New Jersey Law Journal

'This Case Was Not Retried as We Anticipated': Appellate Division Issues Reversal Over Disputed Facts in Homeowners Insurance Claim

"There is obviously a material, factual dispute over whether Pokhan provided all of the information, including the information State Farm claims is false, on the insurance application, precluding summary judgment on State Farm's claim of fraud in Pokhan's procurement of the policy," Appellate Division Judge Allison E. Accurso wrote. "The application is not signed, and there is no dispute that State Farm never provided Pokhan—prior to the fire loss—a copy to permit her to confirm or deny the information recorded on the form by an individual State Farm has never produced and claims it cannot locate."
6 minute read
August 18, 2022 | The Legal Intelligencer

Class Action Alleging State Farm Software Miscalculated Home Repair Claims Sent to Federal Court

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
August 09, 2022 | Law.com

State Appeals Court: Allowing Amended Complaint Would Prejudice Defendant in Insurance Row

The North Carolina Court of Appeals has denied a defendant's motion to amend a complaint as part of an insurance case, finding that allowing him to do so would materially prejudice the opposing party.
4 minute read
July 27, 2022 | The Legal Intelligencer

Growing Trend: Increased Scrutiny of Auto Policy Exclusions

Exclusions in auto policies in Pennsylvania have recently undergone increased scrutiny by the Courts. At the forefront of this re-evaluation is the household exclusion. That exclusion bars recovery of uninsured (UM) and underinsured (UIM) motorist benefits where the claimant sustained injury while operating a household vehicle insured on other policy, typically the personal auto/motorcycle situation.
3 minute read
July 26, 2022 | The Legal Intelligencer

Practice Tips for Litigating Third-Party Bad Faith Insurance Claims

Third-party bad faith claims typically arise from a common fact pattern: an insured defendant, hit with an excess verdict because his insurer refused to make a reasonable settlement offer, assigns to the plaintiff the right to bring a bad faith claim against the insurer.
9 minute read
July 08, 2022 | Daily Business Review

Insurance Litigation Spikes 47%, Creating Demand for In-House and Outside Counsel

A new litigation report is a warning shot to insurers that they must increase their resources—both in-house and outside counsel—in at least two segments of the industry.
3 minute read
June 29, 2022 | New York Law Journal

Bad Faith Claims Against Insurers

It is readily apparent that proving bad faith against an insurer for failure to settle within the policy limits is very difficult, especially in medical malpractice cases where there are usually opposing experts for each side raising questions about the defendant's liability.
14 minute read
June 21, 2022 | New Jersey Law Journal

Appeals Court Says Case Record Is 'Not Adequate' in Reversal of Summary Judgment for State Farm

The New Jersey Appellate Division has reversed an order granting State Farm summary judgment in a breach of policy case where a man claimed that the delayed approval of a medical test caused him permanent injury.
4 minute read
June 15, 2022 | Texas Lawyer

11th Circuit Court Rules in Favor of Insurer in COVID-19 Business Interruption Suit

The U.S. Court of Appeals for the 11th Circuit has joined courts across the country in siding with an insurer against businesses trying to recoup profits lost during the COVID-19 pandemic.
4 minute read
June 02, 2022 | Daily Report Online

Lawyers Say $1.5M Wrongful Death Settlement Reflects Insurance Coverage Available, Not Value of Life

"It's a very simple case," said Jeb Butler of Butler Law Firm, adding that had the insurance company not met the policy limit demands, he and Tom Giannotti would have sued and sought a much larger amount.
4 minute read

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