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21 Feb 12:32 pm by Rachel Lynn Foley
... than requiring proof of a defendant's knowledge that its conduct violated FCRA or, at a minimum, recklessness in its subjective form? 2. Whether the Ninth Circuit improperly expanded section 1681m of FCRA by holding that an "adverse action" has occurred and notice is required thereunder, even when a consumer's credit information has had either no impact or a favorable impact on the rates and terms of the insurance that would otherwise have been offered or provided? Full opinion click here.
Bankruptcy Case Law - http://bankruptcycaselaw.blogspot.com/
2 Apr 12:49 pm by Steven M. Gursten
... Insurance Company * Employers Mutual Causality Company * Encompass Indemnity Company * Encompass Property & Casualty Company * Esurance Insurance Company * Farm Bureau General Insurance Company of Michigan * Farm Bureau Mutual Insurance Company of ... Company Grand Rapids, Michigan * Frankenmuth Mutual Insurance Company * Fremont Insurance Company * Geico Indemnity Company * Grange Insurance Company of Michigan * Great Northern Insurance Company * Harleysville Lake States Insurance Company * ...
Michigan Auto Law Blog - http://www.michiganautolaw.com/auto-lawyers-blog
2 Mar, 2008 10:25 pm by Eric Turkewitz
... this is a retaliatory suit. If he felt so strong about his claims why did he not contact the attorney general? (I will answer that)....Because this case is about money....it is a civil case..bottom line dollars and cents. I would also like to point ... back this up. As for the fee splitting every IME company in the industry uses the same method for payment. As someone who performs IMEs I also treat a large amount of patients with private insurance and no fault (unsolicited). I apply my standard of ...
New York Personal Injury Law Blog - http://www.newyorkpersonalinjuryattorneyblog.com/
15 Jan, 2007 8:20 am
... Gump's litigation practice. On January 16, 2006, the Court will hear argument in the consolidated cases of GEICO General Insurance Company v. Edo, No. 06-100, and Safeco Insurance Company v. Burr et al. , No. 06-84. Maureen E. Mahoney of Latham & Watkins LLP ... Court briefing is whether the Ninth Circuit's standard for "willfulness" under Section 1681n is correct. GEICO and Safeco contend that the most natural reading of "willful" as used in the FCRA is the intentional violation of a ...
SCOTUSblog - http://www.scotusblog.com/wp/
16 Jan, 2007 11:25 am by Alexis Unkovic
[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [transcript, PDF] Tuesday in the consolidated cases of Safeco Insurance v. Burr and GEICO General Insurance v. Edo [Duke Law case backgrounder; merit briefs], 06-00084 and 06-00100, cases in which plaintiffs claim the insurance companies GEICO [corporate website] and Safeco [corporate website] breached the
JURIST - Paper Chase - http://jurist.law.pitt.edu/paperchase/
21 Oct 8:05 am by Moore & Wolfe
... Mr. Finley went on to say, "This pattern of unfair claims handling is nothing new for GEICO. Over the past year we have seen this same pattern time and ... why Alabama law favors insurance companies and allows them to get away with these type of unfair actions. "I think GEICO assumed Ms. XXXX would ... NOTE: Because of pending litigation, the name of the client has been omitted. _______________________________ For general release: October 21, 2009 For more information on this matter, please contact Mr ...
Alabama Car Accident Blog - http://alabamacaraccident.blogspot.com/
7 Aug, 2008 7:54 am by Roy A. Mura
... it was withdrawing a rate increase request previously filed for its primary companies, GEICO and GEICO General, which together write more than 75% of the company's auto insurance policies in the state. GEICO will also substantially reduce ... and my job is to make sure that these savings are passed on in the form of lower rates for New York drivers. "GEICO is to be commended for its decision to withdraw its rate increase request based on how changes in driver habits in New York affected its recent ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
25 Aug, 2008 8:30 pm by Roy A. Mura
... That these injuries were typical post-accident injuries and that the performance of an MRI for such injuries was a deviation from the generally accepted standard of care in the medical profession. On cross examination, Plaintiff's counsel attempted to impeach the ... reason for disregarding his testimony. Although the fact that Dr. Bazos testified on numerous cases on behalf of Insurance Companies may support the inference of bias, if direct unimpeached, uncontradicted, and reasonable testimony is ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
10 Dec, 2008 6:34 am by Roy A. Mura
... 8 AD3d 435, 435 [2d Dept 2004] ["(t)he non-party . . . Insurance Company" is an "interested person" under CPLR 5015]), but chose instead to allow the ... generally adhered to a no-prejudice rule, which allows a personal injury insurer in commercial general liability cases to disclaim coverage due to late notice of claim regardless of whether or ... s decision in 1700 Broadway and the Second Department's 2007 decision in Matter of GEICO Co. v Wingo, 36 AD3d 908 are distinguishable and why this appeal was ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
11 Jan 11:58 pm by Roy A. Mura
... plaintiff's billings) precluded it from asserting the statutory fee schedule defense. After discussing the preclusion rule in general, Judge Levine held: A medical provider must limit its charges to those permitted by approved fee schedules ... , the Court distinguished the defense that the assignor never received the medical supplies from the plaintiff from the defense raised by the insurance company in Chubb, supra - that the claimant's injuries arose out of a prior related accident rather than a ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
4 Jun, 2007 8:30 am by Senior Editor
... General Insurance Co. did not violate the law and that Safeco might have, but did not do so recklessly. The insurance industry said a decision ... lower threshhold for proving liability would motivate compliance with the law. To find liability, a company's conduct must be more than "merely careless," wrote Justice David ... risk of harm that is either known to a company or is so obvious that it should have been known. Geico General Insurance Co. is owned by GEICO Corp., a subsidiary of Warren Buffett ...
LawInfo Weblog - http://blog.lawinfo.com
16 Apr, 2007 8:00 pm by Specialty Insurance Blog
Few insurance agents and brokers have not heard of Berkshire Hathaway, a company whose impact on the insurance business cannot be understated. Berkshire owns a number of insurance companies including General Reinsurance, GEICO (of gecko fame), USLI (one of our key markets) and Medical Protective. Every year Warren Buffett, the investing luminary known as the Oracle of Omaha, and Chairman ...
Specialty Insurance Blog - http://specialtyinsurance.typepad.com/specialty_insurance_blog/
2 Jan 12:51 am
... Remy Gallant, commenced the instant class action alleging, inter alia, that the defendant, GEICO Insurance Company (hereinafter GEICO), violated the regulations promulgated by the New York State ... (1) violation of the No-Fault Law, (2) breach of contract, (3) violation of General Business Law § 349, and (4) unjust enrichment. The Supreme Court granted ... did not receive actual notice of the summons in time to defend the action (see General Motors Acceptance Corp. v Grade A Auto Body, Inc., 21 AD3d ...
No-Fault Paradise - http://nofaultparadise.blogspot.com/index.html
6 Jun, 2007 12:25 pm by Scott Nelson
... for the respondents, who lost the case despite winning a couple of the key issues. Willfulness and Recklessness: The principal reason the insurance companies gave for seeking review by the Supreme Court in the first place was that the Ninth Circuit's ruling that FCRA's ... was denied a more favorable rate solely because his credit report was not better. More generally, the Court's ruling means that GEICO could refuse to give notice to anyone with average or better credit, because such a customer ...
Consumer Law & Policy Blog - http://pubcit.typepad.com/clpblog/
25 Apr 1:20 pm
... to couch Francois's problems in terms of "amorphous and generalized suppositions," it is clear that Francois was charged with insurance fraud for attempting to stage accidents and thereafter bill insurance companies. While he may have only pleaded guilty to ... in each and seek to obtain a ruling from Nassau Supreme that it was owed 150% of its alleged documented costs, rather that what GEICO and Allstate decided were reasonable and prevailing reimbursement rates for the geographic billing areas?
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
18 Jan, 2008 8:27 am
... the proposed amended N-F 10 to be used. HDS then so notified GEICO. The affidavit of Mark Pressler confirms that on January 31, 1992 HDS submitted for approval ... Farm Mutual Automobile Insurance Company, 11 AD3d 664, 784 NYS2d 136 (2nd Dept. 2004) Summit Psychological, P.C. v. General Assurance ... disclaimer could be used, in lieu of the prescribed form, provided it had been approved by the Insurance Department and issued in duplicate. Summary judgment was nevertheless granted to the plaintiff due ...
No-Fault Paradise - http://nofaultparadise.blogspot.com/index.html
25 Aug, 2008 7:05 am by Roy A. Mura
... after receiving Shakoor's arbitration demand, the 20th day fell on a Sunday, so GEICO's application for a stay was timely under New York General Construction Law § 25(a)(1). With respect to the validity of Integon's disclaimer, Integon ... Supreme Court Justice Joseph Maltese agreed, citing the Second Department's decision in Matter of Eagle Insurance Company v. Singletary, holding that insurance contracts are governed by the law of the state where the principal parties understood to be the ". . . ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
4 Jun, 2007 12:56 pm by Deepak Gupta
... days to come. 1. Willfulness Entails Reckless Disregard: The really good news for consumers today is that the insurance companies lost on the principal question in these cases -- whether a "willful" violation of the FCRA can be established ... insurance, existing or applied for." As an initial matter, the Court agreed with the position of the Solicitor General and the plaintiffs--that the word "increase" extended to a first-time rate, consistent with the "ambitious" consumer protection objectives ...
Consumer Law & Policy Blog - http://pubcit.typepad.com/clpblog/
28 Dec, 2008 11:38 pm by Roy A. Mura
... Ins. Co. v Jennings, 195 AD2d 541). In determining whether a vehicle has been furnished for regular use, the general availability and frequency of use are criteria employed by the factfinder (see Liberty Mut. Ins. Co. v Allstate ... a motor vehicle, but the vehicle he used on a daily basis was a 2004 Mercury Mountaineer that was insured by nonparty Geico Insurance Company (hereinafter Geico). Mazarese had leased the rental vehicle from Elrac as a replacement vehicle while the Mercury Mountaineer was ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
13 Oct, 2008 4:45 pm by Roy A. Mura
... 'Donnell and being operated by Ramos. GEICO insured the Battaglia vehicle, and New York Central Mutual Fire Insurance Company (NYCM) insured the O'Donnell vehicle. ... Battaglia demanded arbitration of his UM (decision incorrectly says SUM) claim. GEICO then commenced this special proceeding to permanently stay arbitration of that claim. In AFFIRMING Erie ... respect to O'Donnell's status, i.e., that O'Donnell was deceased (see generally Matter of Mercury Ins. Group v Ocana, 46 AD3d 561). NYCM established ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
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