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12 May 2013, 3:30 am
State Farm Florida Insurance Company,1 unambiguously states that policyholders can bring bad faith causes of action against their insurance carriers after a favorable appraisal award. [read post]
3 Nov 2021, 5:00 am
As such, the court noted that the carrier’s denial of coverage in this business interruption coverage case was reasonable and that the Plaintiff had failed to adequately pled the elements of bad faith. [read post]
8 Oct 2013, 3:51 pm
The question in this case was whether claims filed under state law regarding the storage and sale of a towed vehicle were preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA) which supersedes state laws “related to a price, route, or service of any motor carrier . . . with respect to the transportation of property. [read post]
18 Mar 2014, 10:40 pm
Hours-of-service rules set by the Federal Motor Carrier Safety Administration (FMCSA) are designed to limit the amount of time truckers can drive. [read post]
29 May 2023, 5:00 am
.), the court denied a carrier’s Motion to Stay the civil proceedings in an underlying breach of contract and negligence claim arising out of an insurance coverage dispute. [read post]
8 May 2014, 4:58 am
” As it stands, in New York the triggers for hurricane deductibles vary from carrier to carrier and can be listed in the policy as a simple: “category 2” hurricane, to the complex jargon of: [A]ny windstorm loss that occurs 12 hours before a hurricane begins resulting in Category 1 hurricane force winds or hurricane force winds of a greater velocity in any coastal county, regardless of the specific location of... . [read post]
5 Jan 2015, 4:48 am
A recent audit of this pilot program by the Office of Inspector General found that even though the pilot was well run and followed all necessary steps and conditions, it lacked an adequate number of Mexico-domiciled carriers to yield statistically valid findings. [read post]
8 Nov 2013, 4:30 am
This discussion is critical in cases where a carrier's engineer, despite noting very loose shallow soils, is only recommending compaction grout. [read post]
6 Jun 2013, 1:37 pm
of the functions of the existing NIPR, but it would afford these large carriers a welcome break in their cost of doing business ... [read post]
13 Sep 2015, 4:30 am
Sinkhole coverage, carports, water damage, tile damage, and other provisions have been re-written to benefit the carrier. [read post]
23 Aug 2016, 4:23 am
The above amount may only be exceeded with carrier approval. [read post]
13 Jan 2015, 10:00 pm
Law enforcement eventually caught on, and began targeting packages at sorting facilities of all the major mail carriers. [read post]
17 Dec 2014, 7:57 am
The question presented in the case is twofold: (1) whether a state violates the Railroad Revitalization and Regulatory Reform Act of 1976 (4-R Act) by “discriminating against a rail carrier” when it requires rail carriers to pay a sales-and-use tax but exempts railroads’ competitors from paying the same tax; and (2) whether, in resolving a claim of unlawful tax discrimination under the 4-R Act, a court should consider the state's broader tax system… [read post]
21 Apr 2014, 9:05 am
The carriers are banking on attorneys not getting... . [read post]
15 Jun 2016, 5:00 am
.), the court denied a UIM carrier's motion to sever and stay a bad faith claim asserted in a Post-Koken matter.In response to the arguments by the carrier citing state court decisions quoting that bad faith claims should be bifurcated, the federal court stated that “to the extent that the state court’s administration of bad faith claims is more advantageous to Defendant,” perhaps the Defendant should have kept the case in state court rather than removed it… [read post]
28 Jul 2015, 4:30 am
Word choice is important, as illustrated in the below case from Indiana.1 Sapp Family, LLC (Sapp) suffered storm damage and sought coverage from AMCO (prior carrier) and Cincinnati Insurance (current carrier). [read post]
14 Nov 2014, 10:15 am
Essentially, carriers and their experts are accused of conspiring to alter reports of engineers to deny coverage under the flood insurance policy. [read post]
30 Sep 2016, 4:30 am
Representative exclusions state that the policy does not cover “fungus,” and some carriers issue specific sublimits for damage related to mold in the ballpark of $5,000-$10,000. [read post]
15 Oct 2014, 4:30 am
Regarding Coverage D – Increased Cost of Compliance (ICC), the Write-Your-Own carriers and FEMA allow recovery of engineering fees and permits. [read post]
18 May 2014, 4:30 am
Recently, the Texas Court of Appeals laid out a rule to remember when suing your carrier. [read post]
