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New Jersey Fraud/Special Investigation January 1, 2011
The plaintiff appealed from an order for summary judgment dismissing his claims for coverage by the defendant, Selective Insurance Company, for injuries suffered in a motor vehicle accident. The issue was whether Selective was required to provide..., Case Law Alert - 1st Qtr 2011
Pennsylvania Workers' Compensation January 1, 2011
The claimant in this case received workers' compensation benefits as a result of the death of her husband. The employer filed a termination petition to stop payment of benefits because the widow was involved in a meretricious relationship with...
Delaware Workers' Compensation January 1, 2011
This case involved a Petition to Determine Compensation Due alleging that on July 16, 2009, the claimant fainted at work and thereby aggravated a pre-existing back condition. The employer defended on causation grounds. The claimant was a supervisor...
Delaware Employment Law January 1, 2011
Emmanuel Esaka filed a complaint against Nanticoke Health Services, Inc., Mid-Sussex Medical Center, Inc. The plaintiff alleged he was subjected to discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 and the..., Case Law Alert - 1st Qtr 2011
Ohio Insurance Coverage/Bad Faith Litigation January 1, 2011
A warranty is a representation of material fact by an insured that is incorporated into the policy. A false statement which amounts to a warranty can render a policy void ab initio if it satisfies a two-prong test. First, the representation must be..., Case Law Alert - 1st Qtr 2011
Pennsylvania Workers' Compensation January 1, 2011
The workers’ compensation insurer sought to obtain supersedeas fund reimbursement for the amount of attorney’s fees incurred to obtain a third party recovery. The court held that attorney’s fees incurred under section 319 to obtain a third party...
Pennsylvania Workers' Compensation January 1, 2011
The claimant was a truck driver who was injured in an accident that occurred in Vermont. The claimant received workers' compensation benefits in the state of Ohio. However, the claimant filed a claim petition requesting benefits under the...
New Jersey Fraud/Special Investigation January 1, 2011
The Appellate Division held that a private automobile insurer providing PIP coverage is not entitled to declaratory relief compelling expansive discovery from the assignee health-care providers in its internal investigation of suspected insurance..., Case Law Alert - 1st Qtr 2011
Pennsylvania Product Liability January 1, 2011
When asserting an affirmative defense, the defendant bears the burden of showing highly reckless conduct by the plaintiff. They must show the plaintiff knew or had reason to know of facts that created a high degree of risk of physical harm to..., Case Law Alert - 1st Qtr 2011
Florida Insurance Coverage/Bad Faith Litigation January 1, 2011
Where the facts developed through discovery ultimately established that only one insurer had a duty to indemnify, the primary insurer was not entitled to recover its defense costs because the allegations in the complaint were sufficient to trigger a..., Case Law Alert - 1st Qtr 2011

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