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2 Mar 2024, 5:31 pm by Andrew Delaney
Bulson, 2024 VT 15 (mem.)On March 1, SCOV issues two opinions. [read post]
20 Mar 2017, 5:00 am by Daniel E. Cummins
Pa. 2/23/2017) (mem.), the Eastern Federal District Court declined to exercise jurisdiction over an unsettled Sackett-type issue and remanded the case back to state court for a decision.In Bransfield, the Plaintiffs filed declaratory judgment action in state court asserting that the insurer owed stacked UIM coverage because when the insured/owner added a vehicle to her single-vehicle auto policy, her insurer was required to obtain new UIM coverage forms and new UIM stacking rejection forms. [read post]
3 Feb 2014, 6:00 am by Daniel E. Cummins
(mem.), the court granted a carrier's motion for partial summary judgment where the primary issue presented was whether it was bad faith for the UIM carrier to not include plaintiff's wage loss claim in its damage calculation.The limited tort plaintiff also asserted that the carrier acted in bad faith by failing to review the first party benefits file, failing to request permission to speak with the plaintiff, failing to review pre-accident medical records, and failing to give any value to… [read post]
27 Jan 2014, 6:00 am by Daniel E. Cummins
Jan. 9, 2014) (mem.) in which the court denied a motion for class certification in a case involving the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL). [read post]
26 Feb 2014, 6:00 am by Daniel E. Cummins
(mem.), Judge Nora Barry Fischer addressed a plaintiff's Motion to Remand and ruled that an uninsured motorists carrier's removal of the state court filed matter to Federal Court had not met the requirements to support such a maneuver and the case was therefore sent back to state court.In Brewer, the plaintiff filed breach of contract and bad faith claims along with a request for punitives and attorney's fees against his own uninsured motorist insurer in state court.The carrier removed case… [read post]