Search for: "Third Party Tortfeasors"
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23 Oct 2019, 2:00 am
.), the court declined to preclude a Plaintiff from pursuing a UIM claim based upon the language of the Release that the Plaintiff executed in the companion third party case. [read post]
21 Jan 2014, 4:55 pm
.), the Pennsylvania Supreme Court addressed the issue of whether, under a UIM policy of insurance, the amount of the insured injured party's recovery may be offset by the amount of all damages paid in satisfaction of the underlying judgment, or by only the amount of compensation paid under the auto insurance policy of the underinsured third party tortfeasor defendant who caused the accident.By way of further background, the injured party plaintiff filed… [read post]
2 May 2018, 11:38 am
The insurer moved to dismiss aspects of the bad faith claim on the basis that Pennsylvania law precludes a third-party claimant from bringing a cause of action for bad faith against a tortfeasor’s insurer. [read post]
12 May 2022, 5:00 am
Super. 1992), confirmed that a tortfeasor’s carrier owes no duty of good faith in dealing to third party Plaintiffs. [read post]
15 Oct 2010, 3:00 am
They also contend that Ronald Morrison was not an indispensable party in this action. [read post]
12 Apr 2022, 4:00 am
The appellate court found that §319 of the Worker’s Compensation Act did not give a party any right, directly or indirectly, to take any action against a third-party tortfeasor. [read post]
13 Oct 2020, 5:00 am
.), the court held that a manufacturer of an allegedly defective product may not join the Plaintiff’s treating physician in the case on a third-party contribution claim predicated on medical malpractice allegations.The court noted that a tortfeasor that originally caused an injury and a physician who subsequently aggravates or causes a new injury are not considered to be joint tortfeasors under the law. [read post]
17 May 2010, 6:53 pm
After the $50,000 third party credit was applied, the net award to the Claimant was $50,000.The Defendant tortfeasor then sought to lift the stay in the third party matter to move forward with her case. [read post]
16 Jul 2021, 5:29 pm
However, if a plaintiff files against one joint tortfeasor, that party has the option of bringing in all additional tortfeasors as third-party defendants. [read post]
24 Apr 2014, 6:00 am
Despite settling the third party claim for substantially less than the tortfeasor's liability limits, the Plaintiff nevertheless commenced a UIM claim against the Plaintiff's own automobile insurance carrier. [read post]
7 Oct 2022, 7:48 am
They can file separate collection claims against the tortfeasor (negligent driver), who is most likely judgment-proof, or they can look for a responsible third party with deep pockets and additional insurance. [read post]
10 Jan 2011, 1:17 pm
In an unpublished decision issued today, Division One of the Washington Court of Appeals held that policy language authorizing an insurer to be reimbursed for property damage payments from the proceeds of a settlement its insured obtained from a third party tortfeasor insured by the same carrier did not trigger the anti-subrogation rule because the carrier was claiming a right to reimbursement, not a right to proceed directly against the third party. [read post]
22 Jun 2010, 6:17 pm
Beltrami of the Northampton County Court of Common Pleas denied a third party tortfeasor defendant's motion to sever the third party liability claims from the UIM and UM claims asserted in the post-Koken case of Firoozifard v. [read post]
6 May 2010, 7:29 pm
Here are two more post-Koken decisions granting the third party tortfeasors' preliminary objections and ruling in favor of the severance of third party claims from the UIM claims filed under a single caption/lawsuit:Astillero v. [read post]
28 Sep 2017, 5:00 am
Richard Caputo under an Opinion dated August 9, 2017), it was held that third party Plaintiffs do not have a contractual relationship with tortfeasor’s liability carriers and, therefore, such Plaintiffs have no standing to assert a bad faith claim against a tortfeasor’s insurer and/or its adjuster. [read post]
15 Feb 2021, 2:00 am
Tony Hartley then moved to dismiss the third-party complaint against him based on the settlement, and in the alternative, based on Tennessee law which does not allow third-party contribution under the instant circumstances. [read post]
26 Jan 2015, 4:14 am
§ 8371, to an injured third-party? [read post]
28 Sep 2020, 6:19 am
Watson, the Court declined to let a third party tort claimant sue the tortfeasor’s liability insurer. [read post]
10 Oct 2013, 3:09 am
The pastor admitted that he published statements to a third party-the congregation--and whether he made the exact statements alleged could be determined without consideration of religious issues. [read post]
4 May 2016, 4:58 am
MasonHolding: Neither tortfeasor is entitled indemnification by the other in a case where they are concurrent or joint tortfeasors and where each tortfeasor owes a separate duty to the same third party, but there is no legal relationship between the tortfeasors. [read post]
