SANCTIONS: $1,575 fees, $110 mileage to opposing counsel for vacated PPTC for which Plaintiffs’ counsel was unprepared… counsel chose payments over dismissal without prejudice… Molloy. [Read more…]
Insurance/dismissal, adjuster bad faith
INSURANCE/DISMISSAL: Complaint allegations sufficient to survive 12(b)(6) dismissal of adjuster in bad faith case… request to consider new allegations and treat motion as one for summary judgment denied… Molloy. [Read more…]
Attorney disqualification, insurance bad faith
ATTORNEY DISQUALIFICATION: Insurer’s motion to disqualify in bad faith case Plaintiffs’ attorney who was also attorney in MVA liability case granted: she is disqualified from conducting depositions, opening & closing arguments, examining witnesses at trial… Molloy. [Read more…]
Insurance/jurisdiction, unsettled choice of law
INSURANCE/JURISDICTION: Discretionary jurisdiction declined over declaratory indemnity action involving coverage dispute [Read more…]
FDCPA, debt collector law firm, $311,000 verdict
FDCPA: Debt collection law firm’s bona fide error defense to prosecution of time-barred claim properly rejected on summary [Read more…]
Insurance, auto umbrella/primary policies
INSURANCE: Umbrella policy, as pure excess policy, is secondary, not activated until all primary policies exhausted [Read more…]
Insurance, owned vehicle
INSURANCE: Vehicle owned by husband & wife in which wife injured while husband driving within “insured auto” exception [Read more…]
Insurance, UTPA, statute of limitations
INSURANCE: UTPA claim accrued when insurer denied request for policy limits and advance medicals, not on later actions asserted by Plaintiff, statute did not begin anew each time [Read more…]
Insurance, “insured auto” UIM exception
INSURANCE: Vehicle owned by husband & wife in which wife injured while husband driving within “insured auto” exception to “underinsured auto,” wife’s UIM claim following release of husband for $300,000 liability limits rejected… insurer not [Read more…]
$311,000 verdict, debt collector law firm
VERDICT: $311,000 against debt collector law firm including maximum $60,000 punitives… treble damages/ fees claims yet to be decided. [Read more…]