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UIM selection/rejection form, when taken as a whole, did not manifest a knowing intentional desire to purchase reduced UIM coverage; thus, higher limits applied.
Pennsylvania • Insurance Coverage/Bad Faith Litigation • January 11, 2013
The Eastern District Court of Pennsylvania considered whether an insured's underinsured motorist coverage was $35,000 or $100,000 following a motor vehicle accident. The insurer's position was that the limits were $35,000 since the insured..., Case Law Alert - 1st Quarter 2013
Do temporary partial disability benefits exist in New Jersey? Judge of Compensation grants petitioner's motion for supplemental temporary disability benefits.
New Jersey • Workers' Compensation • January 11, 2013
The petitioner suffered a compensable left knee injury on January 29, 2011, while an employee of the respondent. Following two surgical procedures, the authorized treating physician released the petitioner to return to light-duty work in January of..., Case Law Alert - 1st Quarter 2013
Material misrepresentations made by an insured in an application for insurance will serve to void the PIP claim of the insured's resident boyfriend where a "spouse-like" relationship is found to exist.
New Jersey • Fraud/Special Investigation • January 11, 2013
New Jersey Appellate Division determination involving an appeal of a Superior Court finding in favor of Nelson. This case stemmed from an automobile accident which occurred in 2006 while Mr. Martino, Ms. Nelson's live-in boyfriend and the father..., Case Law Alerts - 1st Quarter 2013
Court permitted insurer to compel plaintiff to undergo a second IME where good cause was shown.
Pennsylvania • Insurance Coverage/Bad Faith Litigation • January 11, 2013
The Lackawanna County Court of Common Pleas considered a motion to compel the plaintiff to undergo a second IME. This case arose out of a motor vehicle accident that resulted in a claim against the third party tortfeasor and underinsured motorist..., Case Law Alert - 1st Quarter 2013
Employee v. independent contractor: use of the "control test" and the "relative nature of the work test" to determine if a worker is eligible for benefits.
New Jersey • Workers' Compensation • January 11, 2013
In December of 2006, the respondent contacted the petitioner after receiving the petitioner's business card advertising cleaning services. At that time, the petitioner was cleaning six other houses and an office building on a regular basis. The..., Case Law Alert - 1st Quarter 2013
Where an owner settles a contractor's claims and assigns its rights against the architect, the contractor is not barred from pursuing the claims if the contractor was "not a stranger" to the claims at issue.
Pennsylvania • Architectural, Engineering and Construction Defect Litigation • January 11, 2013
The contractor sued the owner school district for delay claims, and the owner joined the architect. The owner settled with the contractor and assigned its rights against the architect to the contractor. The contractor continued action against the..., Case Law Alert, 1st Quarter 2013
Defendants in personal injury actions may demand information about financial relationship between plaintiff's treating physicians/experts ("hybrid witnesses") and plaintiff's counsel if plaintiff was referred to the doctors by the lawyer or vice versa.
Florida • Health Care Liability • January 11, 2013
In examining the relationship between plaintiffs and treating physicians who also offer expert opinions in personal injury actions (“hybrid witness”), the court noted that a treating physician, like any other witness, is subject to..., Case Law Alert - 1st Quarter 2013
Claims for defective design, failure to warn, breach of implied or express warrant of merchantability and bystander trauma.
New Jersey • Product Liability • January 11, 2013
Claims for defective design, failure to warn, breach of implied or express warrant of merchantability and bystander trauma on behalf of minor plaintiff's father. The judge approved a $14.5 million settlement to a little league player left brain-..., Case Law Alert - 1st Quarter 2013
When a claimant's own physician is the source of medical evidence that the claimant can return to work, an additional Notice of Ability to Return to Work form from the employer is not necessary.
Pennsylvania • Workers' Compensation • January 11, 2013
The claimant was employed as a home health aide when she suffered work-related injuries in October of 2008. Two months later, the claimant filed a Claim Petition against the employer and a Claim Petition seeking benefits from the Uninsured Employers..., Case Law Alert - 1st Quarter 2013
Valet service cannot be held liable for negligently entrusting a motor vehicle to its rightful owner.
Florida • Automobile Liability, Trucking & Transportation Liability • January 11, 2013
Nicole Weber died as a result of a motor vehicle accident where she was a passenger in a car driven by Michael Price. Price had left his car in the custody of a valet car service, and when he returned to pick it up, he was visibly intoxicated. The..., Case Law Alert, 1st Quarter 2013

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