Publications
Affidavits in support of motions for summary judgment must be based on personal knowledge and provide underlying facts.
In this case, an action for declaratory relief to find the insured committed certain material misrepresentations in its insurance application, the Circuit Court struck the insurance company’s underwriter’s affidavit and granted the insured’s motio
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Summary judgment reversed as causation remained in dispute in subrogation action.
Reyes brought this appeal following the trial court’s granting of summary judgment in favor of GEICO in a subrogation action the carrier had brought against Reyes arising from an automobile accident.
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Fourth District Court of Appeal recedes from prior case law and finds a motion or request for trial de novo must be made within 20 days of an adverse arbitration decision, or trial is waived.
The plaintiff filed suit against several physicians and two hospitals, including Lawnwood Medical Center, Inc., for medical negligence after a family member’s death during a hospitalization.
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Third District rules that an appraisal award constitutes a favorable resolution in a first-party action for benefits.
During the underlying litigation, an appraisal award was entered, and the appellant moved to amend the complaint to add a bad faith action pursuant to Florida Statute § 624.155. The trial court denied this motion without explanation.
Legal Update for Florida Coverage & Property Litigation – August 2024 is prepared by Marshall Dennehey to provide information on recent legal deve
Legal Update for Special Education Law – Case Law Update
Third Circuit remands matter to the district court to conduct a factual analysis as to whether the school district had violated its Child Find obligations under Section 504.
Legal Update for Special Education Law – August 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of interest
Legal Update for Special Education Law – Results*
Thomas Specht and William McPartland (both of Scranton, PA) were success
To Read or Not to Read (Insurance Policies)? That Is the Question
The rule throughout the Commonwealth has long been that an insured’s failure to read the language of an insurance policy does not prohibit them from relying on the representations of an insurance agent in securing insurance.
Legal Update for Insurance Agents & Brokers, August 2024, has been prepared for our readers by Marshall Dennehey.
Legal Update for Insurance Agents & Brokers – RESULTS* & THOUGHT LEADERSHIP
THOUGHT LEADERSHIP
Legal Update for Insurance Agents & Brokers, August 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of
Legal Update for Insurance Agents & Brokers – Case Law Update
Retail insurance agent meets standard of care by requesting coverage sought, even if insurer declines to underwrite risk.Weaver Warehouse, LLC v. Gottschalk, et al., 2024 WL 1326499 (Pa. Super. 2024)
Legal Update for Insurance Agents & Brokers, August 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of
Legal Update for Insurance Agents & Brokers – Case Law Update
Even if appropriate insurance coverage is unavailable to obtain in the market, an insurance broker’s duty extends to informing prospective insured that the specifically requested insurance is not available and cannot be procured.
Legal Update for Insurance Agents & Brokers, August 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of