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Genuine Dispute Over Workers' Compensation Reduction From Uninsured Motorist Benefits Negates Bad Faith

Posted by Haight Brown & Bonesteel LLP on Mar 5th 2019

Genuine Dispute Over Workers' Compensation Reduction From Uninsured Motorist Benefits Negates Bad Faith
December 20th, 2018 In Case v. State Farm Mutual Automobile Ins. Co., Inc. (No. B281732, filed 11/21/18, ord. pub. 12/18/18), a California appeals court held that the allowable reduction from uninsured motorist (UM) benefits for “payable” workers’ compensation benefits meant “eligible,” whether the insured sought the benefits or not. As a result, the court found that a genuine dispute over resolution of the insured’s workers’ compensation claim negated a claim for bad faith delay in payment
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Defendants Approve This Appellate Division Decision on Plaintiff's Social Media

Posted by Bryan Schwartz on Mar 5th 2019

Defendants Approve This Appellate Division Decision on Plaintiff's Social Media
On January 24, 2019, the Appellate Division First Department dealt a blow to plaintiffs' attempts to hide their activities on social media. In the case of Vasquez-Santos v Matthew, 2019 N.Y. App. Div. LEXIS 527, the Court held that, "[private social media information can be discoverable to the extent it 'contradicts or conflicts with [a] plaintiff's alleged restrictions, disabilities, and losses, and other claims'"In Vasquez, the plaintiff, a semi-professional basketball player, alleged that the
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Joginder Singh dba Singh AP Transport v. Zurich American Insurance Company

Posted by Court of Appeals of the State of Washington on Sep 28th 2018

Joginder Singh dba Singh AP Transport v. Zurich American  Insurance Company
In this case, a semi-truck owned by Joginder Singh was at fault for an accident which ultimately involved sixteen vehicles (one of which was a logging truck). In one of those vehicles, a nine-year-old passenger was killed. An adult named Brian Sykes was in another of the vehicles. The estate for the child that was killed filed a claim against the semi-truck company and the logging truck company. In January of 2013, Singh’s counsel asked Singh’s insurer to permit him to personally contribute $1,0
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Court Upholds California Insurance Commissioner’s Authority to Enforce Insurance Regulations

Posted by Haight Brown & Bonesteel LLP on Sep 28th 2018

Court Upholds California Insurance Commissioner’s Authority to Enforce Insurance Regulations
In PacifiCare Life & Health Ins. Co. v. Jones (No. G053914, filed 9/20/18), a California appeals court upheld the California Insurance Commissioner’s authority to impose a $173 million penalty on a health insurer based on a finding of multiple violations of the State’s Insurance Code and insurance regulations.In PacifiCare, the Insurance Commissioner, Dave Jones, imposed the fines after finding 900,000 violations of the Unfair Insurance Practices Act (Ins. Code §§ 790, et seq., “UIPA”). Insu
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New Jersey Finally Adopts Daubert

Posted by Brian C. Harris of BHSM on Sep 14th 2018

New Jersey Finally Adopts Daubert
On August 1, 2018 the New Jersey Supreme Court issued its opinion in In re Accutane Litigation, 2018 WL3636867 wherein the Court abandoned Frye’s “General Acceptance” requirement for admission ofscientific evidence under Rule 702. In doing so, it extended the gatekeeping function of the trial courtand obligated it to ensure that an expert’s testimony was both reliable and relevant before admitting itto the jury.When considering admissibility of scientific evidence the Court adopted the Daubert s
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