Publications
Florida Court of Appeals Maintains Its Position on the Presumption of Prejudice as to Untimely Notice.
The trial court granted the defendant’s motion for summary judgment by applying the presumption of prejudice in a case where the insureds submitted a claim for Hurricane Irma damages almost three years after landfall.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court Holds that MVFRL Does Not Require Insurers to Provide a Later-added Named Insured Notice of Opportunity to Elect or Waive Stacked Coverage.
Mr. Golik was issued an auto insurance policy by the defendant in 1992. After marriage, Mrs. Golik was added to the policy as a named insured. Mr. Golik had signed a stacking of coverage waiver at least twice before Mrs.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Superior Court Continues to Apply Gist of the Action Doctrine to Legal Malpractice Claims.
The Pennsylvania Superior Court affirmed a trial court ruling dismissing a legal malpractice breach of contract claim as barred by the gist of the action doctrine.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
County Court Rules in Favor of Insurer Regarding Attorney’s Fees in Suit Where Insurer Cured Plaintiff’s § 627.736(10) Demand Letter by Issuing Payment for the Full Amount Demanded.
This suit involved a complaint filed by the plaintiff following the defendant’s attempt to fully cure the plaintiff’s § 627.736(10) demand letter, demanding a total of $427.25 for treatment rendered to it’s patient for dates of service February 15
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
County Court Rules that Insurer’s Action Seeking Reimbursement from School Board for PIP Benefits Paid on Behalf of Insured Is Not Barred by Sovereign Immunity.
State Farm sought reimbursement from the School Board of Orange County for personal injury protection (PIP) benefits paid to its insured for injuries sustained while the insured was a passenger on a school bus owned by the school board.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
County Court Denies Motion for Leave to File Amended Complaint, Alleging Bad Faith Handling, Based on Insurer’s Confession of Judgment and Failure to Cure Civil Remedy Notice Within 60 Days.
The instant suit involved a dispute for personal injury protection (PIP) benefits, extended medical payment benefits, penalty, postage, interest, costs and attorney’s fees.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New Jersey District Court Affirms Irrelevance of Breach of Contract Claims in Cases Involving Woerner Actions.
The plaintiffs had maintained a professional liability insurance policy with Hanover from October 2017 to October 2019. They alleged that the policy was secured through USI, an insurance broker.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
11th Circuit Court of Appeals Vacates Ruling Against Plaintiff in Amusement Park Discrimination Case
In this case, the plaintiff argued that the amusement park imposed discriminatory eligibility criterion, in violation of the ADA, when it refused to permit him to ride on the Krakatau Aqua Coaster as he presented with only one hand, but no prosthe
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Dashboard Camera Video Footage Evidence Used to Affirm Motion for Summary Judgment
In an action for underinsured motorist coverage resulting from a vehicle-pedestrian accident, the defendant moved for summary judgment, asserting there was no genuine issue of material fact that the driver was not negligent.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Motorist’s Duty Does Not Include Duty to Slow Down in Anticipation of Danger Not Yet Apparent If Driver Is Otherwise Exercising Reasonable Care
The plaintiff, Glass-Hill, was making a left turn at the intersection of 495 South and Philadelphia Pike when Gordon, a southbound driver on Philadelphia Pike in the right lane passing a stopped truck in the left lane, struck her.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.