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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
New Jersey Workers' Compensation April 1, 2010
Petitioner was employed as a service clerk with the respondent, Verizon, where she was responsible for fielding phone calls from customers, resolving service issues, and typing repair orders. On January 18, 2003, the petitioner was typing at work...
Pennsylvania Workers' Compensation April 1, 2010
Following the claimant's work injury, the claimant settled a related third party case while receiving benefits. In March 2007, a workers' compensation judge found that the employer was entitled to reimbursement of its accrued subrogation lien and a...
New Jersey Fraud/Special Investigation April 1, 2010
The Appellate Division affirms the judgment finding that the defendants violated the Insurance Fraud Prevention Act and awarded the plaintiff-insurer $175,302.88 in damages, finding that because of the close connection between the facts alleged as..., Case Law Alert - 2nd Qtr 2010
Pennsylvania Architectural, Engineering and Construction Defect Litigation January 1, 2010
The decedent died in a work accident when he became trapped in a "dog box" in a power plant that was designed by the defendant. The plaintiff's complaint alleged negligence, breach of warranty, and strict products liability against the defendant, a..., Case Law Alert - 1st Qtr 2010
New Jersey Architectural, Engineering and Construction Defect Litigation January 1, 2010
Once again eschewing rigid application of the New Jersey Affidavit of Merit Statute, NJSA 2A:26- to 29, the New Jersey Supreme Court issued a per curiam affirmation of the Appellate Division's decision in this case. Here, the plaintiffs were a..., Case Law Alert - 1st Qtr 2010
New York Automobile Liability January 1, 2010
The plaintiff moved for summary judgment in this no-fault action arising from a pedestrian "knockdown" accident. The defendant requested to respond to the plaintiff's discovery demands. The plaintiff submitted claims on behalf of its assignor, and..., Case Law Alert - 1st Qtr 2010
Pennsylvania Professional Liability January 1, 2010
Although not binding on Pennsylvania state courts, the United States District Court for the Western District of Pennsylvania has opined that a plaintiff asserting a claim for wrongful use of civil proceedings against an attorney pursuant to 42 Pa.C...., Case Law Alert - 1st Qtr 2010
Pennsylvania Workers' Compensation January 1, 2010
In this case, following her work injury, the claimant underwent an Impairment Rating Evaluation ("IRE"). The IRE physician determined that the claimant had an impairment rating of 15%. The employer then issued a Notice of Change of Workers’...
Pennsylvania Health Care Liability January 1, 2010
Interpreting the Fraud and Abuse Control Act, the Pennsylvania Supreme Court held the Department of Public Welfare ("DPW") is entitled to recover amounts paid for medical expenses of an incapacitated minor in claims where the parent's or guardian's..., Case Law Alert - 1st Qtr 2010

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