Search for: "Third Party Tortfeasors" Results 41 - 60 of 739
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8 Jun 2011, 12:20 am by drdiekman
Practice point: A threshold question in tort cases is whether the alleged tortfeasor owed a duty of care to the injured party. [read post]
19 Jan 2014, 10:51 am by Daniel E. Cummins
Bernstein of the Philadelphia County Court of Common Pleas granted a UIM carrier's motion for summary judgment based on collateral estoppel in a case where the Plaintiff proceeded through an agreed upon high/low arbitration with the tortfeasor defendant first.More specifically, the injured party plaintiff insured, with consent of the carrier, settled the third party claim by way of a binding arbitration, in which the arbitrator entered an… [read post]
17 Aug 2012, 6:30 am
Under well-established Florida law, an insured must be “made whole” in her recovery from a third party tortfeasor before the insurer may directly subrogate from the insured. [read post]
26 Jul 2022, 6:32 am by Unreported Opinions
Worker’s compensation — Third-party claim — Effect of settlement This case stems from an on-the-job injury in which Charles Conley (“AppellantEmployee”) was injured due to the negligence of a third-party tortfeasor. [read post]
16 Dec 2014, 6:31 pm by Daniel E. Cummins
Third Circuit Court of Appeals who was seeking guidance on the question of the validity of assignment of bad faith claims by third party tortfeasors hit with excess verdicts to injured party plaintiffs seeking to recover on the amounts due over and above the tortfeasor's liability insurance policy limits.As anticipated by many watching out for the Pennsylvania Supreme Court's decision in the case of Allstate Ins. [read post]
8 Aug 2010, 8:27 pm by Daniel E. Cummins
(Court denied a third party tortfeasor defendant's motion to sever the third party liability claims from the UIM and UM claims; court also notes that insurance issues can be kept from jury and the task of applying third party credit to determine UIM award can be kept away from jury and handled by the court only after the verdict).Also, here's the new Atlantic Second Reporter citation for the case of Gormley v. [read post]
16 Jan 2013, 4:57 am
Our previous blog addressed the procedure for satisfying Medicaid's lien from money received in Florida personal injury cases from liable third parties.The present blog will focus on satisfying Medicare's lien from third party proceeds. [read post]
16 Sep 2010, 1:21 pm by Daniel E. Cummins
.), granting the Preliminary Objections of a third party defendant asserting improper venue under Pa. [read post]
15 Aug 2008, 7:30 am
" We do not view this sentence to be limited to where a party seeks in the first instance to settle for the full available policy limits of one tortfeasor. [read post]
8 Jan 2010, 10:53 am by Daniel E. Cummins
(Preliminary objection by tortfeasor defendant seeking to sever third party claim from consolidated UIM claim overruled; case allowed to proceed in a consolidated fashion).I have a copy of the both of these Luzerne County decisions if anyone needs them. [read post]
26 Sep 2022, 5:00 am
In this case, the injured party was seeking underinsured motorist benefits after settling with both the third party tortfeasors. [read post]
17 Mar 2010, 6:54 am by Daniel E. Cummins
Cosgrove et al., Phila, July Term, 2008, no. 3708 (request to sever UIM claim and third party claim denied).Hess v. [read post]
3 Mar 2010, 2:57 pm by Daniel E. Cummins
Dickel, et al., Phila, October Term, 2008, no. 3220 (request to sever UIM claim and third party claim denied). [read post]
26 Feb 2019, 11:30 am by Mary Beth Boyce
When pursuing a claim against a third-party or a “tortfeasor” the parties must also consider that workers’ compensation insurance carrier also has a claim against the responsible negligent party. [read post]
16 Jun 2017, 5:00 am by Daniel E. Cummins
.), the Pennsylvania Superior Court held that a UIM claim was not estopped by a previous arbitration award entered on the third party portion of the case.According to the Opinion, the tortfeasor Defendant had a liability policy with a $50,000.00 limit. [read post]
11 Feb 2010, 12:51 pm by ---------------------------------
Whitmere, an employee sued a third party tortfeasor for injuries allegedly sustained in a motor vehicle accident arising during the course and scope of his employment. [read post]
22 May 2023, 5:00 am
  More specifically, in the third party arbitration the Plaintiff had been awarded $58,029.85 in a case where the tortfeasor had $100,000 in liability coverage.The Plaintiff sued the UIM carrier in state court for breach of contract and bad faith. [read post]
8 Oct 2019, 4:42 pm by Daniel E. Cummins, Esq.
.), Judge Tina Polachek Gartley of the Luzerne County Court of Common Pleas denied a tortfeasor Defendant's Motion to Bifurcate the Trial of third party negligence claims from the breach of contract and bad faith claims asserted against the UIM carrier.The Court's Order only without Opinion can be viewed HERE. [read post]
9 Feb 2010, 11:30 am by Daniel E. Cummins
Dickel, et al., Phila, October Term, 2008, no. 3220 (request to sever UIM claim and third party claim denied). [read post]