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Janis K Malec

Insurance Coverage: Court concludes that automobile insurance carrier has a duty to defend and indemnify against third-party claims for diminution of value of property

Amica Mutual Insurance Company’s Duty to Defend and Indemnify The plaintiff, Amica Mutual Insurance Company, seeks a judicial determination regarding its duty to defend and indemnify its insured. This issue arises after its insured struck a motor vehicle owned by…

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Insurance Coverage: Insurer’s motion to strike uninsured motorist claim is denied after court finds sufficient allegations in the complaint for a trier of fact to decide whether there is a causal connection between the alleged negligence of an unknown motor vehicle operator and the fatal injuries sustained by the plaintiff’s decedent after he was struck by another vehicle while attempting to cross the street to render aid to those involved in the accident caused by the unknown operator

Background of the Plaintiff’s Uninsured Motorist Claim The plaintiff, administratrix of the decedent’s estate, filed a complaint against the defendant, Liberty Mutual Insurance Company, asserting a claim for uninsured motorist benefits. The defendant moves to strike the entire complaint on…

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Insurance Coverage: Court grants insurer’s motion for summary judgment on the grounds that all-terrain vehicle operated by plaintiff was not covered under the terms of the policy and therefore plaintiff is not entitled to uninsured motorist benefits

Background of the ATV Collision Case The plaintiff brought a four-count amended complaint against several defendants after his Yamaha All-Terrain Vehicle (ATV) was allegedly hit head-on by the defendant’s motor vehicle. Specifically, the plaintiff brought one count against New South…

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INSURANCE COVERAGE: Court holds that plaintiff lacks standing to bring direct claims against insurance company as plaintiff is not a named insured nor an intended third-party beneficiary and there has been no claim for subrogation or a final judgment entered regarding liability

Overview of the Case The defendant, Progressive Casualty Insurance Company, moves to dismiss several counts of the plaintiff’s complaint for lack of subject matter jurisdiction. The plaintiff brought this action against Progressive, GL Transport, LLC, and the individual driver regarding…

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Insurance Coverage: Court strikes three counts from plaintiff’s complaint due to improper misjoinder of claims that did not arise out of the same facts or transactions

The defendant, Pacific Specialty Insurance Company, filed a motion to strike counts one, two, and three of the plaintiffs’ revised complaint. Pacific Specialty contended that the claims therein were misjoined with the claims alleged in counts four and five against…

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Insurance Coverage: Appellate court affirms summary judgment for insurance company after finding that the insurance company complied with the statutory notice requirements

Plaintiffs appealed from the judgment of the trial court granting the motions for summary judgment filed by the defendant insurance company, Century-National. The plaintiffs owned a home and subsequently purchased a homeowners insurance policy. The policy was effective from June…

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Insurance Coverage: Defendant’s motion for summary judgment granted after proving that applicable insurance policy contained a permissible provision reducing underinsured motorist benefits to the extent that the plaintiff receives workers’ compensation benefits

The defendant, CSAA Affinity Insurance Co., moved for summary judgment on the plaintiff’s claim for uninsured motorist coverage on the grounds that there is no genuine issue of material fact that the plaintiff has already recovered workers’ compensation benefits that…

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Janis K Malec

Insurance Coverage: Court holds that plaintiff is entitled to settle her claim with the known tortfeasor and, at the same time, pursue a claim against her insurer who stands in the shoes of the unidentified tortfeasor

Plaintiff sought uninsured/underinsured motorist coverage under two policies issued by the defendant, Allstate Fire and Casualty Insurance Company in a claim involving a motor vehicle accident. Defendant moved for summary judgment on the grounds that the plaintiff received a settlement…

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Insurance Coverage: Court finds insurance company’s underinsured motorist provision applicable even though collision did not occur in the policy’s covered auto

The plaintiffs commenced this action seeking underinsured motorist coverage benefits from four insurers, including the defendant, Ohio Casualty Insurance Company. The plaintiff alleges that he was operating a motor vehicle insured by Markel Insurance Company on Interstate 78 in Pennsylvania…

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