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Florida Automobile Liability April 1, 2010
The plaintiff insurance company brought a declaratory judgment action against the insureds where the plaintiff sought an order that it had no duty to indemnify the insured to a consent judgment entered against them in an underlying lawsuit. The..., Case Law Alert - 2nd Qtr 2010
New Jersey Fraud/Special Investigation April 1, 2010
The plaintiff filed an action in the Law Division against the defendant, GEICO Insurance Company, alleging that it wrongfully refused to pay for property damage to his car. The plaintiff appealed from an order granting summary judgment in favor of..., Case Law Alert - 2nd Qtr 2010
Pennsylvania Architectural, Engineering and Construction Defect Litigation April 1, 2010
The Massachusetts state court recently held that a plaintiff claiming design negligence for the placement of a fence post around a softball diamond could not defeat the defendant's, the architect, Motion for Summary Judgment. The court specifically..., Case Law Alert - 2nd Qtr 2010
New Jersey Employment Law April 1, 2010
Following a jury trial, the plaintiff was awarded $724,000 in economic damages and $500,000 in punitive damages. The jury awarded nothing for emotional distress or for pain and suffering. The evidence at trial was that the plaintiff retired on a..., Case Law Alert - 2nd Qtr 2010
Delaware Automobile Liability April 1, 2010
An underinsured driver struck the insured-plaintiff's vehicle. The insured tendered bodily injury policy limits to her insurer, State Farm. The insured then offered, in writing, to settle with the insurer and kept the offer open for 30 days. When..., Case Law Alert - 2nd Qtr 2010
Pennsylvania Workers' Compensation April 1, 2010
This is a case that was reconsidered by the Commonwealth Court after the court granted a Petition for Reconsideration of a July 29, 2000, opinion. In this case, following the claimant's work injury, a Functional Capacity Evaluation ("FCE") was...
Florida Real Estate E&O Liability April 1, 2010
In the state of Florida's first reverse foreclosure, a Miami-Dade Circuit Court judge has forced a bank to take title to a property from a homeowners association. A reverse foreclosure is a new tool that can force banks to pay association..., Case Law Alert - 2nd Qtr 2010
Ohio Employment Law April 1, 2010
Chapter 4115 of the Ohio Revised Code requires contractors and others to pay prevailing wages on construction projects involving public improvements. Section 4115.13(C) provides that employees who were paid less than the prevailing wage in such..., Case Law Alert - 2nd Qtr 2010
Federal Employment Law April 1, 2010
The Third Circuit Court of Appeals held—in a matter of first impression—that a plaintiff can establish that they were incapacitated for three consecutive days and, therefore, suffered from a "serious health condition" pursuant to the Family and..., Case Law Alert - 2nd Qtr 2010
New Jersey Fraud/Special Investigation April 1, 2010
Where the plaintiff's action seeking a declaration that it had no obligation to provide the defendant with personal injury protection benefits or to defend and indemnify her on claims arising from her operation of a car insured by it resulted in a..., Case Law Alert - 2nd Qtr 2010

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