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Consider Removing Your Next PIP Case To Federal Court - Litigation, Mediation & Arbitration mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
The Current Status Of Bad-Faith Claims Involving Insurance - Insurance mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
To embed, copy and paste the code into your website or blog: The Texas Supreme Court recently increased policyholders’ influence over an insurer’s right to settle a third-party claim for less than policy limits. Insurers have long enjoyed a nearly absolute right to settle claims, even over policyholders’ objections; but In re Farmers Texas County mus. Ins Co., S.W.3d , 2021 WL 1583878 (Tex. Apr 23, 2021) changed this, giving policyholders the right to seek reimbursement from an insurer who settles for less than the policy limits, but forces contribution by the insured to obtain the release. Cassandra Longoria rear-ended a vehicle driven by Gary Gibson, who sued her for $1 million. Farmers undertook Longoria’s defense; but rejected Gibson’s offer at mediation to settle for $350,000, refusing to pay more than $250,000. Gibson withdrew the offer and increased his claim to $2 million. As trial approached, Longoria negotiated Gibson back to $350,000, but ....
Raising Unpreserved Issues On Appeal - Litigation, Mediation & Arbitration mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
To embed, copy and paste the code into your website or blog: It has been almost a year since federal, state, and local orders dramatically impacted many businesses’ ability to host customers and created a number of other related issues. Not long after these restrictions took effect, businesses that were impacted began making claims with insurers for first-party coverage related to the loss of business income. Consequently, these cases were heard by both the New Jersey Superior Court and the United States District Court for the District of New Jersey.
Most of these cases remain at the trial level. As such, there has been a limited opportunity for the courts to rule on the substance of these types of claims. However, in some instances, the parties have sought early dismissal through motions to dismiss. These early orders and opinions have revealed that New Jersey federal and state courts are willing to enforce virus exclusions when applicable. However, the courts ....