Publications
Plaintiff’s motion to amend complaint to add a bad faith claim was granted where defendant failed to show it would be prejudiced as a result.
NOTE: Opinion has not been released for publication. Until released, it is subject to revision or withdrawal.
Case Law Alert - 1st Quarter 2013
Plaintiff failed to properly plead he suffered an “injury in fact” where his complaint failed to allege he had been billed for unpaid medical expenses.
NOTE: Not precedential opinion
Case Law Alert - 1st Quarter 2013
Defendant insured’s motion to dismiss suit for declaratory judgment as premature denied where issue of whether Florida law requires appointment of personal representative to receive underinsured motorist benefits was an issue that warranted resolution.
This matter arose from a motor vehicle accident involving a drunk driver. A passenger in the other vehicle was killed.
Case Law Alert - 1st Quarter 2013
Plaintiffs’ motion to remand declaratory judgment action back to state court denied where there were other causes of action alleged in complaint and no pending state court action.
In this declaratory judgment action in the United States District Court for the District of New Jersey, the magistrate judge considered the plaintiffs’ motion to remand the case back to state court.
Case Law Alert - 1st Quarter 2013
Court denied defendant’s motion for reconsideration of its order granting plaintiff’s motion to dismiss defendant’s 3rd and 4th counterclaims for consequential and punitive damages where plaintiff relied upon marine surveyor’s report in denying coverage.
The plaintiff insurer filed a declaratory judgment action in the Eastern District of New York, seeking a judgment that damage to the defendant’s yacht was not covered by the marine insurance policy it had issued to him.
Case Law Alert - 1st Quarter 2013
Plaintiff’s cause of action for breach of implied covenant of good faith and fair dealing dismissed where it merely restated the breach of contract claim and did not rely on tortious activity.
This matter arose from a property damage claim following fire and water damage to an Elks Lodge. The Lodge hired the plaintiff to inspect and repair the damages for $342,973.47.
Case Law Alert - 1st Quarter 2013
District court’s grant of summary judgment was affirmed where plaintiff failed to promptly notify defendant insurer of the damage, as required by the policy.
NOTE: Unpublished opinion
Case Law Alert - 1st Quarter 2013
Defendant’s motion for summary judgment was denied, in part, where both parties raised plausible coverage arguments. However, motion was granted with respect to plaintiff’s bad faith claim.
The United States District Court for the Northern District of Ohio, Eastern District, considered the defendant’s motion for summary judgment.
Case Law Alert - 1st Quarter 2013
Motion for reconsideration granted and plaintiff’s waiver and estoppel claims dismissed where defendant was able to show it had timely reserved its rights with respect to property damage claim.
This matter arose due to the plaintiff’s claim for property damage under his homeowners' insurance policy with the defendant following two fires at his residence.
Case Law Alert - 1st Quarter 2013
Suit with third party driver properly consolidated with UIM claim where the claims had common issues of law and fact; however, forum selection clause required that UIM claim be filed in court where insured resided at time of accident.
The plaintiff sued the third party driver, as well as their underinsured motorist carrier, following a motor vehicle accident.
Case Law Alert - 1st Quarter 2013