Inadequate Information Made Refusal to Pay Policy Limits Not Bad Faith FACTUAL HISTORY After sustaining injuries in an automobile accident caused by Francisco Reyes, Jr., Flick had her attorney send Reyes’s insurer, the United Services Automobile Association (USAA), a letter explaining the severity of her injuries and an authorization for the release of her medical […]
It is Never Proper to Fail to Comply With Court Order Insurer Privilege Underwriters took its name too far trying to obtain privileges from the Arkansas Court of Appeals to which it was not entitled and acted contumaciously by disobeying the Circuit Court’s discovery order. In Privilege Underwriters Reciprocal Exchange v. Brandon Adams, No. CV-23-474, 2024 […]
Chiropractor Lies to Board and Loses Right to Practice This appeal arises from an attempt by the state of Illinois to impose discipline upon plaintiff Christopher D. Leone, D.C., due to certain improper activities performed as a licensed chiropractor in the state of Illinois. In Christopher D. Leone, D.C. v. The Department Of Financial And Professional […]
Some Claims Proper Some Not Vepo Design Corporation and its officers (collectively, “Vepo”) appealed the district court’s grant of summary judgment on their breach of contract and bad faith claims against American Economy Insurance Company (“AEIC”). Vepo’s claims relate to AEIC’s denial of coverage following a fire in a laundromat, known as the “Central Laundromat,” […]
USDC Concludes Appraisal Can Consider Causation in Ohio Defendant State Farm Fire and Casualty Company (“State Farm”) issued a homeowners insurance policy to Plaintiff Sharon Marie Rogers (“Rogers”). State Farm determined the amount of loss to be $3,490.68, which was less than Rogers’ deductible. Insurance Adjusting Services West Penn; West Penn determined the amount of […]
Application of Diverse “Other Insurance” Clauses Insurers Protected Insured and Litigated Their Differences Two insurance companies- Gemini and Zurich- asked the Eleventh Circuit Court of Appeal to determine what share of a $2 million settlement each is required to pay. The district court entered judgment for Gemini, ordering that Zurich pay $500,000 plus prejudgment interest. […]
Health Care Fraud Conviction Affirmed CITING AS A DR. FEEL GOOD IS A FEDERAL CRIME According to the Sixth Circuit Dr. David Jankowski’s medical clinics relied on several unusual billing and prescription practices, many of which were illegal and Jankowski fraudulently billed Medicare for services he did not provide and prescribed controlled substances to patients […]
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 […]
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