Duffy v. Amica Mutual Insurance Co. (Lawyers Weekly No. 11-041-16)
Chiropractor denied PIP benefits after failing to coordinate benefits between auto insurer and patient's health insurer before seeking payment of unpaid balance.
Insurance
N-Tek Construction Services, Inc. v. Hartford Fire Insurance Company (Lawyers Weekly No. 11-028-16)
Sub-subcontractor's email notice of unpaid work does not satisfy statutory notice requirement for payment bond claims when it fails to express intent to claim against the general contractor's bond.
Insurance Company of the State of Pennsylvania v. Great Northern Insurance Company (Lawyers Weekly No. 10-030-16)
Employer cannot bar insurer's equitable contribution claim by selectively notifying only one of two workers' compensation insurers of an employee's injury.
H.P. Hood LLC v. Allianz Global Risks US Insurance Company (Lawyers Weekly No. 11-173-15)
Insurer properly denied coverage for destroyed product where defect in bottle caps fell within policy exclusion for faulty material and workmanship.
Nurse v. Omega US Insurance, Inc. (Lawyers Weekly No. 11-156-15)
Water damage claim barred by two-year statute of limitations for insurance policies; discovery rule does not apply when statute measures time from loss occurrence, not cause of action accrual.
Hawley, et al. v. Preferred Mutual Insurance Company (Lawyers Weekly No. 11-146-15)
Insured's request for arbitration does not toll the statute of limitations for insurance claims. Complaint filed nearly two years after deadline and loss excluded by policy.
Commerce Insurance Co., Inc. v. Gentile, et al. (Lawyers Weekly No. 10-156-15)
Insurance company properly denied optional bodily injury coverage when policyholders violated operator exclusion by allowing excluded grandson to operate vehicle and cause accident.
Boyle, et al. v. Zurich American Insurance Company (Lawyers Weekly No. 10-155-15)
Insurer breached duty to defend when it failed to act on notice of pending lawsuit. Prejudice not presumed; insurer must prove actual harm. Settlement obligation applies when liability becomes clear.
Merchants Insurance Group v. Spicer, et al. (Lawyers Weekly No. 11-134-15)
Insurance company must exhaust administrative remedies before seeking rescission of workers' compensation policy in Superior Court while employee's claim is pending at DIA.
The Home Insurance Company v. Workers’ Compensation Trust Fund (Lawyers Weekly No. 11-127-15)
Insurer in liquidation cannot claim COLA reimbursements without having collected and transmitted required employer assessments to the workers' compensation trust fund.