State Farm sought reimbursement from the School Board of Orange County for personal injury protection (PIP) benefits paid to its insured for injuries sustained while the insured was a passenger on a school bus owned by the school board. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

This suit involved a complaint filed by the plaintiff following the defendant’s attempt to fully cure the plaintiff’s § 627.736(10) demand letter, demanding a total of $427.25 for treatment rendered to it’s patient for dates of service February 15 Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

The Pennsylvania Superior Court affirmed a trial court ruling dismissing a legal malpractice breach of contract claim as barred by the gist of the action doctrine. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Mr. Golik was issued an auto insurance policy by the defendant in 1992. After marriage, Mrs. Golik was added to the policy as a named insured. Mr. Golik had signed a stacking of coverage waiver at least twice before Mrs. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

The trial court granted the defendant’s motion for summary judgment by applying the presumption of prejudice in a case where the insureds submitted a claim for Hurricane Irma damages almost three years after landfall. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Florida’s Second District Court of Appeal examined the issue of whether section 760.11, Florida Statutes, requires that the aggrieved party cite to the Florida Civil Rights Act (FRCA) in a charge filed with the EEOC. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

This lawsuit involved a dispute as to which insurance policy should provide liability coverage for an auto accident. The driver, Ashton Smith, was insured by Acuity. He was driving a car insured by Progressive. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

In this 5-2 decision from the Ohio Supreme Court, the majority held that the tort conflict of law rules found in Section 145 of 1 Restatement of the Law 2d, Conflict of Laws, apply to an insurance bad faith lawsuit. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

The Superior Court of Pennsylvania recently affirmed the defendants’ motion for summary judgment dismissing the plaintiffs’ construction defect claims on the grounds that their action was not commenced within the 12-year time period set forth in 4 Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

The court granted the defendant’s motion to dismiss to strike references to a “special relationship” owed to the plaintiffs premised on the defendant’s purported “cultivat[ion of] a relationship of trust and confidence.” The court agreed with the Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.