District court finds that whether suit is filed before or after the invocation of the appraisal process is not determinative of the insured’s right to fees.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
After receiving a homeowner’s claim for hurricane damage, the defendant investigated the claim and sent the insured its estimate and coverage determination letter. Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Brokers-dealer’s motion to dismiss expungement granted based on six-year rule for industry disputes.

Philadelphia - Headquarters
Securities & Investments Professional Liability
In an expungement case brought by a registered representative against his former broker-dealer, the respondent broker-dealer's Pre-Hearing Motion to Dismiss pursuant to FINRA Rule 13206 (Six-year Eligibility Rule for Industry Disputes) was granted Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Investors awarded compensatory damages and punitive damages pursuant to California Code, Civil Code - CIV §3294.

Philadelphia - Headquarters
Securities & Investments Professional Liability
A group of senior investors alleged causes of action, including elder abuse and unsuitability, with respect to purchases of non-traded real estate investment trusts, Moody’s National REIT II and mutual funds, including the Apollo Institutional Inc Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Trial court rules in favor of homeowners regarding statute of repose defense raised by residential builder.

Pittsburgh
Architectural, Engineering & Construction Defect Litigation
The Philadelphia County Court of Common Pleas recently rejected the defendant’s efforts to prevail on summary judgment based upon Pennsylvania’s construction statute of repose, 42 Pa. C.S. Section 5536. Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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