Summary Judgment for Lawyers Sued for Malpractice Reversed In GMG Insurance Agency v. Margolis Edelstein, No. 213,2023, Supreme Court of Delaware (October 8, 2024) reversed summary judgment in favor of lawyers faced with a claim of professional negligence relating to legal services provided to GMG Insurance Agency. The Margolis Edelstein (“Margolis”) law firm defended GMG and Howard […]
Fifth Amendment Protects Drunk Driver & Bars Where He Drank Plaintiffs sued Taylor Brock Peters for injuries they sustained when his vehicle rear-ended theirs. Peters was also charged with the crime of intoxication assault. During discovery, the trial court ordered Peters to identify the bars that had served him alcohol, rejecting his assertion of the […]
Gang Defendants Present Multiple Motions to Avoid or Delay Trial for Covid-19 Fraud & Murder for Hire In United States Of America v. Ronnell Bowman and Ronnie Jackson, Nos. 23-CR-77-1-JPS, 23-CR-77-15-JPS, United States District Court, E.D. Wisconsin (October 7, 2024) Defendants Ronnell Bowman (“Bowman”) and Ronnie Jackson (“Jackson”) (together, “Defendants”) who were charged with conspiracy to commit […]
Plaintiff Acted Inappropriately in Discovery Dispute Litigants Must Meet & Confer to an Impasse Before Bringing Discovery Disputes to Court In an insurance coverage action where Plaintiff alleged that Defendant breached its flood insurance policy by paying less than what Plaintiff asserts was the appropriate coverage amount under the policy, there was a dispute as […]
Nevada Supreme Court Affirms Massive Punitive Damages Award Sandra Eskew, as administrator of her deceased husband Bill’s estate, sued Sierra Health and Life Insurance Company, LLC (SHL), for insurance bad faith after SHL determined that Bill’s preferred lung cancer treatment-proton beam radiation therapy- was not covered by his health insurance plan. Because SHL refused to […]
Injunction Against Arbitration of No Fault Claims Plaintiffs are various State Farm insurers (collectively, “State Farm”) sued seeking a declaratory judgment that defendant NYC Medical Treatments, P.C. (“NYC Medical”) is not entitled to receive payment for claims brought under New York’s “No Fault” insurance laws. State Farm filed a combined motion to stay all pending […]
Courts May not Rewrite Clear & Unambiguous Policy In Universal Property & Casualty Insurance Company v. Irma Qureshi and George Guerrero, No. 4D2023-1338, Florida Court of Appeals, Fourth District (July 24, 2024) the Court of Appeals was required to address the measure of damages recoverable for the breach of a replacement cost property insurance policy. BACKGROUND […]
More Prosecution is Needed to Deter Insurance Fraud Thomas Orville McLaughlin II was convicted of committing a fraudulent insurance act, making a false information, and interfering with law enforcement. He appealed claiming several of the State’s exhibits were improperly admitted and that a defense witness was improperly excluded. In State of Kansas v. Thomas Orville […]
It is Inappropriate to Argue a Win Was Wrong and a New Result is Required Defendant, Bankers Insurance Company (“Bankers Insurance”), moved to vacate the Panel Appraisal Award Amendment & Clarification (“Amended Award”) based on three alleged “significant errors” or “clear mistakes of fact” only to see an unfavorable response in St. Joseph Medical Clinic […]
How Insurance is Treated in Mass Tort Cases in Bankruptcy Court Between 1999 and 2019, approximately 247,000 people in the United States died from prescription-opioid overdoses. Respondent Purdue Pharma sits at the center of that crisis. Owned and controlled by the Sackler family, Purdue began marketing OxyContin, an opioid prescription pain reliever, in the mid-1990s. […]
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