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By Lefebvre, PaulRosenberg, David JZwick, MatthewVialard, Chloé | Publication: Defense Counsel Journal | Filed In: Jurisdiction and Trial & Procedure
THE CONCEPT of privileged attorney-client communications has been a long standing tenet in legal communities for decades. However, the scope and justification for privilege vary by jurisdiction. This article compares current trends concerning...
Business Journal
By Murphy, Pat | Publication: Lawyers USA | Filed In: Decisions & Rulings and Trial & Procedure
Workers' compensation exclusivity does not bar a self-insured employer's liability for uninsured motorist benefits claimed by an employee injured in an automobile accident, New York's highest court has ruled in affirming judgment. The...
Business Journal
Publication: LexisNexis | Filed In: Decisions & Rulings and Trial & Procedure
The Missouri Court of Appeals declined to review its determination that an at-fault driver in an automobile accident was operating an uninsured automobile for purposes of uninsured motorist benefits. Thus, insureds' insurer could...
Business Journal
Publication: LexisNexis | Filed In: Summary Judgment and Trial & Procedure
The Montana Supreme Court affirmed a district court's entry of summary judgment in favor of an insurance company on the ground that there was no basis for an insured's claims against it....
Business Journal
Publication: LexisNexis | Filed In: Summary Judgment and Trial & Procedure
The New York Supreme Court, Appellate Division, Third Department, reversed in part a trial court's judgment in favor of an auto insurer in an action brought by an insured seeking liability and supplementary...
Business Journal
Publication: LexisNexis | Filed In: Settlement & Compromise and Civil Procedure
On a certified question, the Oklahoma Supreme Court ruled that an insurer did not breach its duty to act in good faith by failing to unconditionally tender what the insured perceived as an...
Business Journal
Publication: LexisNexis | Filed In: Breach of Contract and Contracts Law
The U.S. District Court for the Western District of Pennsylvania granted in part and denied in part an insurer's motion to dismiss an insured's allegations that the insurer breached two contracts of insurance...
Business Journal
By Stephenson, Correy | Publication: Lawyers USA | Filed In: Summary Judgment and Trial & Procedure
An exclusion for those covered by workers' compensation in an employer-provided underinsured motorist policy violates state public policy and is therefore unenforceable, the Pennsylvania Supreme Court has ruled. A police officer was severely...
Business Journal
Publication: LexisNexis | Filed In: Summary Judgment and Trial & Procedure
The U.S. District Court for the District of Arizona granted judgment on the pleadings in favor of an umbrella insurer in an action brought by its insured seeking additional UIM coverage above the...
Business Journal
By Amy Lane | Publication: LexisNexis | Filed In: Insurance Coverage and Insurance Policies
Sides are digging in and the battle is on over changing the state's no-fault auto insurance law. Hearings are scheduled Tuesday and Thursday in the Michigan House on legislation that would, among many...
Business Journal
Publication: LexisNexis | Filed In: Summary Judgment and Trial & Procedure
The Indiana Court of Appeals held that the estate of a county deputy sheriff who was killed while directing traffic is entitled to coverage under the uninsured/underinsured motorist (UIM) endorsement associated with the...
Business Journal
Publication: LexisNexis | Filed In: Personal Injury and Torts
The U.S. District Court for the Eastern District of Missouri ruled that insureds are not entitled to underinsured motorist (UIM) coverage in an amount that represented the combined UIM coverage in each of...
Business Journal
Publication: LexisNexis | Filed In: Decisions & Rulings and Trial & Procedure
The Minnesota Supreme Court reversed a court of appeal's judgment affirming a district court's grant of summary judgment in favor of an auto insurer in a wrongful denial of UIM benefits action brought...
Business Journal
Publication: LexisNexis | Filed In: Summary Judgment and Trial & Procedure
The U.S. District Court for the Southern District of West Virginia granted in part State Farm's motion for summary judgment on claims that the insurer improperly denied underinsured motorist (UIM) coverage. State Farm...
Business Journal
Publication: LexisNexis | Filed In: Summary Judgment and Trial & Procedure
The South Dakota Supreme Court affirmed a trial court's summary judgment in favor of the auto insurer of a father whose daughter was injured in an accident, and who sought a declaration of...
Business Journal
By Murphy, Pat | Publication: Lawyers USA | Filed In: Wrongful Death and Torts
State law extinguishes a wrongful death claim brought by the mother of an uninsured motorist who was killed in auto accident, New Jersey Supreme Court has ruled in reversing judgment. The state's no-fault...
Business Journal
Publication: LexisNexis | Filed In: Decisions & Rulings and Trial & Procedure
The Michigan Court of Appeals affirmed a trial court's judgment, finding the underinsured motorist (UIM) coverage in a motorcycle insurance policy was an illusory contract and that the insured's estate is entitled to...
Business Journal
By Zalma, Barry | Publication: American Agent & Broker  | Filed In: Litigation and Legal Services
In the case Michael Tillman v. USAgencies Casualty Insurance Co. No. 46,173-CA (La.App. Cir.2 03/02/2011), the plaintiff, Michael Tillman (Tillman), appealed a summary judgment dismissing his claim against the defendant, USAgencies Casualty Insuarance...
Business Journal
Publication: LexisNexis | Filed In: Consumer Law and Legal
The Utah Supreme Court answered a question certified to it by a district court in an action brought by the estate of two insureds who were killed in an auto accident arising from...
Business Journal
Publication: LexisNexis | Filed In: Appellate Decisions and Trial & Procedure
The Texas Court of Appeal ruled that under the unambiguous language of an automobile insurance policy, the insurer had no liability to an insured for underinsured motorists (UIM) coverage....
Business Journal

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