Publications
State of mind of the insured is irrelevant in a bad faith case, thus the contents of the insured's attorney file is not subject to discovery.
Insurer sought to discover the entire contents of the insureds' attorney's file, excluding attorney-client privileged communications, in an underlying UIM claim to determine whether the insureds acted in good faith.
Case Law Alert - 2nd Qtr 2011
Plaintiff's claim of race discrimination was dismissed when she failed to return to work after she exhausted her twelve weeks of FMLA leave.
In Sencherey, the plaintiff initially pursued remedies at the Pennsylvania Human Relations Commission, alleging that her separation from employment—which occurred as a result of the plaintiff’s failure to return to work after having excee
Case Law Alert - 2nd Qtr 2011
The jury's rejection of an intentional infliction of emotional distress claim does not necessarily preclude an award of punitive damages.
Following a jury trial on the plaintiff's NJLAD claim alleging gender discrimination, the jury found for the plaintiff on her claim of discrimination, but rejected her claim of intentional infliction of emotional distress and also rejected he
Case Law Alert - 2nd Qtr 2011
The threshold establishing a substantial certainty claim against an employer will generally also support a claim for punitive damages.
The plaintiff injured his hand while in the course and scope of his employment with C & C. Specifically, the plaintiff alleged that the die casting machine he was operating cycled when it should not have.
Case Law Alert - 2nd Qtr 2011
An employee may be entitled to equitable tolling of the statute of limitations if misled by the employer concerning basis of action.
The plaintiff was advised by a representative of the employer that she was not eligible to seek a job reclassification until she completed a year of service.
Case Law Alert - 2nd Qtr 2011
The phrase "arising out of" should be broadly interpreted in a comprehensive sense when interpreting the "use" of a motor vehicle.
The plaintiff's employee inadvertently dropped a wrench from the back of a truck he was unloading. The truck involved was covered by the defendant's policy.
Case Law Alert - 2nd Qtr 2011
The board has jurisdiction over the issue of whether the parties entered into a valid agreement for a commutation of benefits.
In Delaware, the only way to settle a workers’ compensation case is by way of commutation. This case involved the interesting issue of what happens when the parties attempt to do so but run into a dispute.
Case Law Alert - 2nd Qtr 2011
The court invalidates the results of an ire because the ire physician did not use the most recent edition of the AMA guides.
Following the claimant's work injury, the employer requested an Impairment Rating Examination (IRE) within the time frame that would allow the employer to obtain self-executing relief.
What are the statutory criteria for imposing Second Injury Fund liability in a workers’ compensation matter?
On February 4, 1999, the petitioner, the director of construction for the respondent, was seriously injured when he was involved in a motor vehicle accident which occurred during the course of his employment.
Where an insured fails to plead allegations of bad faith with specificity, such claims will be dismissed.
Federal courts use a two-part analysis when considering a Rule 12(b)(6) motion: (1) separating facts averred from legal conclusions asserted and (2) whether the facts alleged are sufficient to show a plausible claim for relief.
Case Law Alert - 2nd Qtr 2011