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Law Alerts 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
Law Alerts January 1, 2011
The appellant was not entitled to a new trial based on after-discovered evidence that the opposing party's testifying experts were not licensed where the appellant had the ability to discover that evidence at the time of trial through reasonable..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
Theresa Ray went to her husband's home in Warren, New Jersey, to pick up their youngest daughter for court-ordered visitation. After ringing the doorbell, Ms. Ray observed a man whom she believed to be her husband moving about in the home. Ms. Ray..., Case Law Alert - 1st Qtr 2011
Law Alerts 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
Law Alerts January 1, 2011
The claimant filed a utilization review Request, seeking to increase unskilled home assistance that was being provided to her. The reviewer found that the increase in assistance was reasonable and necessary, and the employer filed a Petition for...
Law Alerts January 1, 2011
Where the plaintiffs had effectively tolled an extension to the statute of limitations period by 90 days, despite a failure to satisfy a "special rule of pleading," the Delaware Supreme Court reversed and remanded the trial court's denial of the..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
This case addresses “Pay-if-Paid” clauses. Such clauses are sometimes included in subcontracts and state that a general contractor has no duty to pay a subcontractor until the general contractor has been paid by the owner for the work performed by..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
Lenny Budnick was a musician who contracted lung cancer and emphysema and died at age 52. The jury concluded that Mr. Budnick smoked because he wanted to, not because he was addicted., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
The Florida Supreme Court recently amended the Florida Rules of Civil Procedure. The changes take effect on January 1, 2011, at 12:01 a.m. Here are some of the most significant amendments to the Rules. New Rule 1.071 provides the procedure for..., Case Law Alert - 1st Qtr 2011
Law Alerts 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

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