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16 Apr 2015, 6:40 pm by Daniel E. Cummins
”   For this reason, Judge Nealon agreed to somewhat limit the extent of his jury instructions in this case involving both a negligence claim against the third party tortfeasor and a UIM claim against the Plaintiff’s own carrier. [read post]
15 Apr 2020, 5:00 am by Daniel E. Cummins, Esq.
.), the court denied a carrier’s Motion for Summary Judgment in a UIM claim where there were issues of fact over whether the ADR proceedings resulted in a settlement recommendation or a binding arbitration award for less than the tortfeasor’s limits.According to the Opinion, the Plaintiff proceeded in the third party auto accident matter to an alternative dispute resolution proceeding which resulted in an arbitrator entering a finding in favor of the Plaintiff… [read post]
11 May 2015, 7:30 am by Daniel E. Cummins
  Below are a few samples recently secured.Sample Voir Dire in a Post-Koken CaseSusquehanna CountyFor a sample voir dire from a February, 2015 Post-Koken auto law trial in Susquehanna County against an uninsured third party tortfeasor (who did not appear for trial) and an uninsured (UM) carrier in the case of Strohl v. [read post]
16 Jun 2019, 7:37 pm
  Thus, injured parties cherry-picked which tortfeasor to sue.UCATA provides that a release of one joint tortfeasor does not relieve the liability of other joint tortfeasors. [read post]
5 Jun 2022, 10:43 am by James Kwong
  It simply provided a vehicle, in the form of the SGA store, through which third party app developers provided apps. [read post]
11 Mar 2010, 2:22 am
”The decision points out that §207-c(6) expressly provides that "a cause of action shall accrue to the municipality for reimbursement . . . as against any third party against whom the [police officer] shall have a cause of action.In other words, if the injured police officer could sue a party, the employer-municipality could sue the same party seeking reimbursement for the wages it paid to, and medical bills it paid on behalf of, the injured police… [read post]
23 Mar 2016, 6:04 am by Eugene Volokh
[R]etribution should be visited upon the shoulders of the wrongdoer himself, not on blameless third parties, for the wrongdoer’s unlawful conduct[.] [read post]
13 Feb 2012, 2:59 pm by Soha and Lang
App. 721 (2001), which had concluded that Mahler rule is inappropriate where an injured, faultless third person recovers only from the insured tortfeasor, rather than also from the injured party's own PIP insurer. [read post]
22 Dec 2011, 6:45 am by Daniel E. Cummins
., concurring), affirming the practice of property damage carriers returning deductibles to insureds on a "pro rata" basis after a subrogation recovery against a third party tortfeasor. [read post]
10 Apr 2012, 1:01 pm by Daniel E. Cummins
Manfredi granted the Defendants’ Preliminary Objections and ordered that the breach of contract claims against the UIM carrier and the negligence claims against the third party tortfeasor be severed. [read post]
10 May 2016, 12:44 pm by Robert J. Fleming
In the case of an accident, many times the incident is caused by the negligence of a third-party tortfeasor, which could be a careless automobile driver, negligent premises owner or a person who does something negligent which leads to the death of another. [read post]
10 May 2016, 12:44 pm by Robert J. Fleming
In the case of an accident, many times the incident is caused by the negligence of a third-party tortfeasor, which could be a careless automobile driver, negligent premises owner or a person who does something negligent which leads to the death of another. [read post]
31 Aug 2010, 12:40 pm by Daniel E. Cummins
The employer allegedly negligently moved the vehicle, striking the injured party and causing personal injuries.The injured party in this matter acknowledged that the incident was only between him and his employer and with no outside third party being involved.As a result of being injured while in the scope of his employment, the injured was awarded worker’s compensation benefits. [read post]
9 Jul 2010, 7:01 pm by Daniel E. Cummins
June 25, 2010, Burke, J.) thereby allowing the third party liability claims and the UIM claim to proceed in a consolidated fashion.The Post-Koken Scorecard has been updated with this case. [read post]
30 Jul 2012, 6:47 am by Daniel E. Cummins
(Court grants tortfeasor Defendants’ Motion to Sever actions filed by Plaintiff against third party tortfeasor and UIM carrier). [read post]
26 Sep 2014, 7:00 am by Daniel E. Cummins
 2012 Vough, J.)Combined third party tortfeasor and UIM carrier case. [read post]
13 Oct 2014, 6:00 am by Daniel E. Cummins
The high parameter agreed to between the parties for the binding arbitration of the third-party case was $1.35 million. [read post]
13 Jan 2009, 4:10 am
"The decision points out that §207-c(6) expressly provides that "a cause of action shall accrue to the municipality for reimbursement . . . as against any third party against whom the [police officer] shall have a cause of action.In other words, if the injured police officer could sue a party, the employer-municipality could sue the same party seeking reimbursement for the wages it paid to, and medical bills it paid on behalf of, the injured… [read post]