Search for: "Third Party Tortfeasors"
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14 Apr 2009, 7:46 am
The New Jersey Supreme Court has held that the third-party exception to the American Rule governing counsel fees does not apply in a circumstance where the tortfeasor and the putative third party are effectively the same. [read post]
17 Jul 2010, 5:08 am
Richard Caputo allowed a UIM carrier to join the third party tortfeasor into a Federal post-Koken lawsuit as a third party defendant in the case of Oswald v. [read post]
2 Feb 2015, 5:00 am
"The third party tortfeasor was covered by a liability policy with $100,000 in liability limits.In the third party matter, the Plaintiff agreed to a "private, non-binding arbitration" at which the arbitrator evaluated the case as having a value of $41,715. [read post]
26 Mar 2024, 7:17 pm
“There is no requirement the employer's lien must be paid following recovery from a third-party tortfeasor. [read post]
7 Jun 2015, 6:43 pm
.), the Pennsylvania Superior Court affirmed a trial court's entry of summary judgment in favor of a UIM carrier on collateral estoppel grounds, holding that a verdict in the third party case against the tortfeasor at or below the liability limits collaterally estopped the Plaintiff from pursuing a companion UIM claim.In this case the tortfeasor had liability limits of $25,000. [read post]
30 Apr 2022, 12:02 pm
The Court held as follows: Section 768.76 of the Florida Statutes does not imbue a wrongful tortfeasor with the benefit of a plaintiffs settlement of a third party claim with a negotiated subrogation waiver. [read post]
23 Jul 2019, 8:10 pm
The UIM carrier was not a party to that Arbitration Agreement.As noted, the arbitrator in the third party claim entered an award in favor of the Plaintiff that was less than the tortfeasor's liability limits.After the Arbitration, the Plaintiff signed a Release requested by the tortfeasor's carrier which confirmed a settlement of the third party liability case in the same amount as the Arbitration Award.Thereafter, the… [read post]
3 Dec 2015, 1:26 pm
The Act itself gave employers the right to lien an employee’s recovery from third-party tortfeasors to recover some portion of their payments, the Court noted. [read post]
1 Jul 2020, 2:38 pm
The Georgia Supreme Court issued a ruling this week that allows a victim to sue a third party, non-drunk driver, in a DUI collision as an “active tortfeasor. [read post]
6 Mar 2017, 5:00 am
.), the court ruled that a a workers' compensation carrier could pursue claim against third-party tortfeasors by asserting the claim on behalf of the injured employee to establish the tortfeasors' liability to the injured employee, as opposed to bringing a subrogation claim.The court rejected the argument by the defendants that the Complaint should have been dismissed because appellant was attempting to assert subrogation directly against… [read post]
5 Sep 2023, 5:00 am
Apr. 23, 2018) (“In Pennsylvania, it is well-settled law that a third-party claimant cannot bring a cause of action for bad faith against an alleged tortfeasor's liability insurer. [read post]
29 Feb 2012, 3:30 pm
Since the employer was not liable to Downey in tort, the community college, a third party tortfeasor, could not seek contribution. [read post]
11 Dec 2018, 5:00 am
When the Plaintiff herself did not seek to recover damages against the third party tortfeasors, the workers’ compensation carrier sought to recover on its subrogation rights under the workers’ compensation act by filing a suit against the tortfeasors. [read post]
1 Oct 2009, 12:54 pm
Her Insurer brought Third Party proceedings against the police chief, the Police Services Board, and the Municipality but these parties were not sued by the Insured directly. [read post]
27 Nov 2017, 4:14 pm
Hamill entered a Judgment on the Pleadings in favor of a UIM carrier after finding that the Plaintiff failed to state a valid UIM claim under Pennsylvania's Motor Vehicle Financial Responsibility Law and the policy definition of an "underinsured motor vehicle" where the Plaintiff was awarded the full liability limits of the tortfeasor in a related binding arbitration of the third party claims.In dicta, the court also noted that the Plaintiff's UIM claim… [read post]
17 Feb 2010, 1:21 pm
No maintainable action by the third-party claimant directly against the alleged tortfeasor's personal auto insurer. [read post]
19 Aug 2021, 5:00 am
During the course of the third party litigation, the injured Plaintiff entered into a sizeable settlement with one of the alleged tortfeasor Defendants. [read post]
12 Jan 2016, 2:51 pm
An employee injured or killed in the course of his or her employment by the negligence or wrongful act of a third-party tortfeasor may receive workers’ compensation benefits and pursue a remedy by action at law against such third-party tortfeasor. [read post]
11 Jun 2019, 5:00 am
The third party insurance carrier agreed to pay any amount of a verdict even if it exceeded the liability limits. [read post]
13 May 2010, 7:40 am
I have been advised of another post-Koken Case out of the Philadelphia County Court of Common Pleas in favor of the severance of the Plaintiff's claims against the third party tortfeasor from the claims asserted against the UIM carrier.In the case of Schramm v. [read post]
