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11 Apr, 2007 1:54 am by Chellis Neal Gonzalez
... killed in an automobile accident when the driver fell asleep sued for benefits, pursuant to two policies of insurance issued to them by Erie Insurance Exchange. The Court of Appeals held that, in a breach of contract action for benefits, pursuant to the uninsured/underinsured provisions of an automobile insurance contract executed in Maryland, what the parents were "entitled to recover" was determined by Delaware substantive law because the law of the ...
Maryland Courts Watcher - http://marylandcourts.blogspot.com/index.html
20 Oct 3:45 pm by Daniel E. Cummins
In the case of Green Street Associates v. Erie Insurance Exchange, PICS No. 09-1737 (Phila. Co. 2009), a Philadelphia County Court of Common Pleas Judge Howland W. Abramson, after a two day bench trial, rejected four ... that the loss fell under surface water exclusion and the deterioration exclusion as well. Judge Abramson ruled that Erie failed to sustain its burden of proving the applicability of any of these exclusions. The rain exclusion and surface water exclusions ...
Tort Talk - http://www.torttalk.com/
9 Oct, 2008 11:11 am
... in a coverage denial letter because the letter contained a "catch-all" provision reserving the insurer's rights to raise other coverage defenses and issues. 1804-14 Green Street Associates, L.P. v. Erie Insurance Exchange, et al., No. 1763 (Phila. Ct. Cora. Pl., Aug. 21, ... also noted that under Pennsylvania law, the doctrines of waiver and estoppel cannot create an insurance contact where none existed. The court distinguished conditions going to the scope of coverage from those creating a ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
24 Aug 9:24 am
... 287 AD2d 389 [1st Dept 2001]; see also Wraight v Exchange Ins. Co., 234 AD2d 916, 917-918 [4th Dept 1996] [held: ... lack of reasonable investigation into the circumstances is not a ground for departing from the aforementioned principle that the insurer is strictly limited to those disclaimer grounds articulated in the letter of disclaimer (see 2540 ... our case. Upon our own research, we understand that our insurance lawsuit with Erie Insurance has been closed, due to negligence, on your part. Please ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
23 Jun 2:34 pm by Daniel E. Cummins
... found not to be required to pay out UIM benefits for a vehicle that, although a vehicle in the same household, was not a vehicle covered under the Erie policy. The Court also concluded that the "application of the household exclusion in this case does not involve 'stacking' at all." As such the Erie Insurance Exchange v. Baker case involves yet another example of the Pennsylvania Supreme Court upholding the validity of the "household exclusion" ...
Tort Talk - http://www.torttalk.com/
15 Jul 9:11 am by Goldberg Segalla LLP
... v. Diamond State Ins. Co Download Alea_London_Limited_v__Bickford__et_al_ Download Alleman v. State Farm Life Insurance Co Download Ball_v__Wilshire_Insurance_Co_ Download Bloyed_v__Affiliated_Employers_Health_&_Welfare_Trust__et_al_ Download Bridgetown_Condominium_Homeowners_Assoc_v__Ford_Development_Inc___et_al_ Download Bristol W ... Download Dobson v. Citigroup Download Eberts v. Goderstad Download Erie Insurance Exchange v. Baker Download Erie Insurance Group v. National Grange Mut Download ...
The Insurance and Reinsurance Report - http://insurancecoverage.typepad.com/insurance_and_reinsurance/
9 May, 2008 10:09 am
... adding new insights to the debate, this court agrees with Judge Tinder's prediction of Indiana law in Erie Insurance Exchange . . ." Id. at 3. Notably, the court does not cite Fray Witzer or seek to distinguish it ... conduct 'originating from,' 'growing out of' or having a 'substantial nexus' with the activity for which coverage is provided . . . ." Here, the insurance policies provide coverage for injuries "arising out of" conduct "that slanders or libels a person or organization or disparages a ...
Gauntlett on Insurance - http://www.gauntlettoninsurance.com/
9 May 2:10 pm by Daniel E. Cummins
Bole v. Erie Insurance Exchange, 967 A.2d 1017 (Pa.Super. 2009). HOLDING: Firefighter was actively engaged in a rescue at the time of his injury-causing motor vehicle accident, so as to support the application of ... present, the person going to the rescue should be considered to be actively engaged in a rescue in the context of the doctrine. The Superior Court rejected Erie's argument that the firefighter's own accident was too attenuated to be considered to have been an active part of the rescue. ...
Tort Talk - http://www.torttalk.com/
19 Aug, 2007 11:21 pm by Joel Jacobsen
... three counts of mail fraud and six counts of money laundering related to insurance claims he made after an August 2001 auto accident. Judge Joyce ... otherwise exercise regularly. He received $440,000 from Erie Insurance Exchange and State Farm insurance companies. After an 18-month investigation, the FBI and ... equivalent of being thrown in a Philippine prison, naturally the two must be treated the same. Returning to Erie, Judge Joyce is an appellate judge, which means that his word is - quite literally ...
Tags: Judges, Judging
Judging Crimes - http://www.judgingcrimes.com/journal/
9 Nov 9:10 am by Aviva Cuyler
... two sides to the case. So, congratulations to Robert for his success. (The decision: Dupree v. Hiraga (Hawaii Sup.Ct.) Insurance attorney Charles Graber, who recently obtained a verdict after bench trial in favor of his client and against Erie Insurance Exchange. The court rejected all four of the exclusions the insurer claimed relieved it of the obligation to cover water damage to the insured's commercial building in September 2004. ...
The Scoop: On Legal Marketing - http://scoop.jdsupra.com/
23 Aug, 2006 1:22 pm
... the Chief Justice agreeing with my client's position in the case. Finally, yesterday Pennsylvania's highest court entered an order dismissing, over the dissent of two Justices, review as improvidently granted in the insurance bad faith case of Hollock v. Erie Insurance Exchange. I assisted counsel for the plaintiff in drafting their Brief for Appellee on the merits and in preparing for oral argument in that ...
How Appealing - http://howappealing.law.com/
13 Jul, 2007 10:19 am by Marcia Oddi
... claim. 2. Whether the trial court erred when it awarded Buckner punitive damages. Buckner cross-appeals and requests appellate attorney's fees and costs. We affirm." General Casualty Company of Wisconsin v. The Ohio Casualty Insurance Company, Erie Insurance Exchange, Benchmark Construction, LLC, Gerig's Dump Trucking, Inc., et al. (NFP) - "General Casualty raises one issue, which we restate as ...
The Indiana Law Blog - http://indianalawblog.com/
30 Apr, 2007 2:32 pm by Ronald V. Miller, Jr.
The Maryland Daily Record published an article today on Erie Insurance Exchange v. Heffernan, a new Maryland Court of Appeals opinion in an underinsured motorist case. The reporter, Caryn Tamber, does a real nice job of addressing a complicated issue. Any Maryland lawyers handling auto accident or truck accident cases should read the entire opinion. You can find the article, which includes a few quotes from me, here.
Maryland Injury Lawyer Blog - http://www.marylandinjurylawyerblog.com/
3 Oct, 2007 8:05 pm
The Court may take judicial notice of a party's pleadings. In doing so, any admission contained in the pleading is admissible into evidence and is conclusively established as to that party, without any further proof. Lutz v. Erie Insurance Exchange, 848 N.E.2d 675 (Ind. 2006)
Indiana Legal Blog - http://www.indianalegalblog.com/
7 Mar, 2008 9:46 am by Marcia Oddi
... a violation by the School Corporation is not a reasonably possible one. The School Corporation has met its burden to show that the Arbitrator's decision should be vacated. The School Corporation, rather than the Association, is entitled to summary judgment. Reversed." Erie Insurance Exchange, as Subrogee of Charles and Marlene Haskett v. Tom King, et al (NFP) - "Although it may have been preferable to consolidate both ...
The Indiana Law Blog - http://indianalawblog.com/
3 Oct, 2007 8:05 pm
The Court may take judicial notice of a party's pleadings. In doing so, any admission contained in the pleading is admissible into evidence and is conclusively established as to that party, without any further proof. Lutz v. Erie Insurance Exchange, 848 N.E.2d 675 (Ind. 2006)
Indiana Legal Blog - http://www.indianalegalblog.com/
3 Aug 2:17 pm by Daniel E. Cummins
In the case of Glushefski v. Sadowski and Erie Insurance Exchange, No. 1189-Civil-2009,Judge Thomas F. Burke, Jr. of the Luzerne County Court of Common Pleas issued a July 29, 2009 Order allowing the consolidation or joinder of a third party motor vehicle accident lawsuit and a companion UIM (underinsured motorist benefits) claim under one caption. In Glushefski, the third party tortfeasor defendant filed preliminary objections the first of which ...
Tort Talk - http://www.torttalk.com/
6 May 4:08 am by Daniel E. Cummins
... Mazzoni also allowed for a UIM claim to proceed in a consolidated fashion with a bad faith claim in Augustine v. Erie Ins. Exchange,2006-CV-416 (2008). Similarly, in Allegheny County, consolidation of various first party and third party ... the issue whether the person acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of ...
Tort Talk - http://www.torttalk.com/
6 Aug 1:41 pm by Daniel E. Cummins
... to joinder of third party claim and UIM claim under one caption rejected; court also rules that evidence of insurance may come into evidence at trial for limited purposes). Serulneck v. Kilian and Allstate, 2008-Civil-2859 (Lehigh Co. ... to joinder of third party claim and UIM claim under one caption rejected; court also rules that evidence of insurance may come into evidence at trial for limited purposes.). Glushefski v. Sadowski and Erie Ins. Exchange, 1189-Civil-2009 (Luz. Co. July 24, 2009)( ...
Tort Talk - http://www.torttalk.com/
14 Aug, 2008 9:24 pm
In Simmons v. Erie Ins. Exchange, the defendant insurance company argued that plaintiff failed to mitigate his damages due to his failure to undergo surgery to treat his plantar fasciitis, which resulted from his involvement in an automobile accident. Plaintiff had received full insurance policy limits from the individual that was 100% at fault in causing the collision and was seeking to recover from defendant insurance company whom plaintiff held ...
Indiana Legal Blog - http://www.indianalegalblog.com/
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