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Eric Jesse addresses the unfortunately common experience during mediation of when an insurer balks at settlement resolutions: should a policyholder walk away, “pay and chase,” offer the...
Lynda A. Bennett and Eric Jesse the step-by-step approaches for policyholders to not take no for an answer when an insurer denies coverage for a claim.
In Merisier v. GEICO Indemnity Company, the plaintiff alleged that she was injured while she was a passenger on a city bus that was struck by a motor vehicle negligently operated by the tortfeasor.
The Court rejected these arguments and explained that assault and battery in the civil context can indeed be established through negligence.
In Kellogg v. Middlesex Assurance Company, the plaintiff was the owner of an historic property that was insured through a restorationist policy issued by the defendant insurer.