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United States Middle District of Florida Gives Plaintiffs an Option with regard to Premature Bad Faith Claims

In Gianassi v. State Farm Mut. Auto. Ins. Co., 2014 U.S. Dist. LEXIS 142600 (M. D. Fla. 2014), the Middle District granted in part and denied in part State Farm’s Motion to Dismiss two counts of Plaintiff’s three-count...more

Insurance Coverage – Personal & Advertising Injury – Trade Disparagement

Hartford Casualty Insurance Co. v Swift Distribution, Inc. - California Supreme Court (June 12, 2014) - Commercial liability policies provide coverage for “personal and advertising injury.” This term typically...more

Indemnification Agreements and Insured Contracts: Why Your Business or Insurer Might Owe a Defense and Indemnity

The purpose of this article is to address potential issues and concerns that may arise between General Contractors (“GC”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as...more

Missouri Supreme Court Holds Federal Act Does Not Preempt Missouri Law Barring Subrogation Of Personal Injury Claims

In essence overruling a previous opinion from the courts of appeal, the Missouri Supreme Court has held that the Federal Employee Health Benefits Act (“FEHBA”) does not preempt Missouri law prohibiting the subrogation of...more

California Court Reins in Massive Punitive Award But Finds Fault With Insurer’s Claims Handling

The California Court of Appeal, in a 2-to-1 decision, has reaffirmed the constitutional limitations on the amount of punitive damages a jury may award against an insurer. In Nickerson v. Stonebridge Life Insurance Company,...more

Changes to the PIP Law: The Fallout Begins

Last year, we wrote about the effect the new personal injury protection (PIP) law would be likely to have on a number of key players: insurance companies, law enforcement, Florida citizens, lawyers, and certain health care...more

Florida Medicaid Liens After Wos

The 2013 Florida legislature wasted no time responding to the March 20 Supreme Court opinion in Wos v. E.M.A., 568 U.S. __ (2013)....more

Tennessee Insurance Legal News - June 2013 • Volume 2, Number 2

In This Issue: - TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL: In its April 24, 2013 opinion, the...more

Covenant Judgments in Washington – Reasonableness Determined on Five Days’ Notice to the Insurer and Without a Jury: Bird v. Best...

In Bird v. Best Plumbing Group, LLC and Farmers Insurance Exchange, Wash. No. 86109-9 (October 25, 2012), the Washington Supreme Court held that: (1) insurers have no constitutional right to a jury determination of whether...more

Legal Byte: Inconsistent & Alternative Pleading to Trigger Insurance Coverage

Can a plaintiff plead inconsistent theories of relief/liability, such as negligence (which is unintentional) and fraud (which is intentional), for any reason, including for the purpose of triggering insurance coverage?...more

N.N.

Damage from permanent disability

At the next joint of a person who as suffered severe injures as a result af an accident it is compensation for non patrimonial damages suffered as a result of the event,which must also include the beat.Evidence of such damage...more

Oliver v Smith et al.

Michigan Court of Appeals Extends "Good Faith" Immunity to Intentional Torts of Assault and Battery and Excessive Force

Oliver v. Smith, attached, is a “published” Court of Appeals opinion that extends the Supreme Court’s “good faith” standard established in the 2008 Odom v Wayne County decision, a case which I...more

Illinois Supreme Court Strikes Down Caps on Damages

This is a description of the Illinois Supreme Court's recent decision holding that the statutory caps on non-economic damages awarded in medical malpractice cases is unconstitutional as a violation of the separation of powers...more

Melnichenko v. Dashosh

PLAINTIFF'S AFFIRMATION IN OPPOSITION TO DEFENDANTS' CROSS MOTION FOR SUMMARY JUDGMENT & REPLY AFFIRMATION IN FURTHER SUPPORT OF...

The instant affirmation addresses three issues: a) Whether VTL §388 is constitutional. Defendants CAB EAST LLC and JAGUAR CREDIT CORPORATION are vicariously liable under VTL §388 because the State and Federal Courts of...more

Melnichenko v. Dashosh

MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

This Memorandum of Law was submitted in opposition to Defendants’ Cross-Motion for an Order granting Summary Judgment seeking an order that VTL §388 should be found unconstitutional. As stated herein and in the Affirmation...more

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