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. […]
Taking Six Years to Sue Insurers is Time Barred The appellate courts of the state of New York are noted for their ability to resolve an appeal quickly and with brevity.The Supreme Court, the trial court, dismissed plaintiffs’ complaint against Allied World National Insurance Company as time-barred because plaintiffs commenced this action eight years after […]
Appeal Lost Due to Failure to Provide an Adequate Record In an action to recover damages for personal injuries, the defendant Myrtle 6, LLC, appealed from an order of the Supreme Court, Kings County (Lawrence S. Knipel, J.). The order, insofar as appealed from, denied those branches of the motion of the defendant Myrtle 6, […]
No Cause of Action for Libel, Slander or any Other Relevant Tort Career criminals are not the only people who perpetrate insurance fraud. The temptation has become so great that almost anyone who is given the opportunity, will try. Those who do not premeditate insurance fraud are called perpetrators of soft frauds. Most are small. […]
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