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Ohio Insurance Coverage/Bad Faith Litigation October 1, 2018
The Ohio Ninth District Court of Appeals affirmed summary judgment for the insurer, finding that a driver operating a vehicle with a temporary permit, but no licensed driver in the vehicle, was not entitled to insurance coverage under the policy...., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Delaware Automobile Liability October 1, 2018
After receiving workers’ compensation benefits following an auto accident, an employee settled with the tortfeasor for his policy limits. Thereafter, he made a claim for underinsured motorist (UIM) benefits through his employer’s..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Ohio Insurance Coverage/Bad Faith Litigation October 1, 2018
In a case involving a horse drawn buggy and a motorcycle, the Wayne County Court of Appeals reversed and remanded a decision granting summary judgment to the insurer, and found that the buggy was not an uninsured motor vehicle. The case involved an..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey General Liability October 1, 2018
Plaintiff’s counsel was working with the insurance company to potentially settle an automobile personal injury claim. Before the statute of limitations expired, the plaintiff was asked to attend an IME at the request of the insurance carrier...., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey Professional Liability October 1, 2018
The Appellate Division briefly recited the facts controlling their decision to dismiss this complaint: failure to serve a timely Affidavit of Merit (AOM) as required by the AOM statute, N.J.S.A. 2A:53A-26 to -29. Specifically, the decedent sought..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Pennsylvania Public Entity and Civil Rights Litigation October 1, 2018
The Borough of Elwood City hired a Chief of Police in 2010 outside of the Civil Service Commission procedure and subject to an employment agreement, which stated the Chief was an at-will employee. The Borough voted to eliminate the position of Chief..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey General Liability October 1, 2018
In this case a same-sexed couple had been living together and raising children together for over a year. The non-biological mother witnessed one of the children’s death by automobile when hit as a pedestrian. The non-biological mother made a..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Delaware Workers' Compensation October 1, 2018
The Board framed the issue in this case as: Should the claimant’s average weekly wage be calculated using the 26 weeks prior to his work injury, how should that be done and what should be included in that calculation? Under Section 2302 (a) of..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Federal Maritime Litigation October 1, 2018
This action involved two deaths from carbon monoxide poisoning occurring on a pleasure craft moored at a marina at the time of the incident. The issue before the court was whether subject matter jurisdiction existed pursuant to 28 U.S.C. § 1333..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Delaware Workers' Compensation October 1, 2018
The claimant argued that the employer’s expert’s fee of $5,000 was too high and violated the Workers’ Compensation Act as well as the healthcare practice guidelines. Regulation 19 Del. Code Section 1341 subsection 4.16.1.2 provides..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...

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