Sentences with phrase «plaintiffs and defendant insurers»

In practice for more than 15 years, Paul is an experienced and effective personal injury lawyer who has acted for both injured Plaintiffs and Defendant insurers.

Not exact matches

However, eight of those reasons were circumstances that arose after the commencement of the action and were thus irrelevant to the analysis (the defendant's offer to settle; the defendant's failure to apply to move the action to the Small Claims Court; the defendant's denial of liability for the plaintiff's injury; the insurer's characterization of the collision as low impact; the exchange of 60 documents; the defendant's motion for a Rule 66 hearing and eventual removal; a Rule 28 examination of a witness; and the absence of expert evidence tendered by the defendant).

[37] Further, the plaintiff submits other sufficient reasons to commence action in Supreme Court were the insurer's denial of coverage because the forces were insufficient to cause injury; and because the plaintiff was allegedly a worker, which if proven and given the defendant was, would see the action statute barred pursuant to s. 10 (1) of the WCA.

The article explains the current levels of automation among vehicles on the market, investments in the industry and ramifications for auto insurers and plaintiffs and defendants in personal injury cases.

A jury found defendant insurance broker liable to plaintiff art gallery owner for damages resulting from an insurance carrier's denial of a dealer fine art policy claim after plaintiff sued insurer and incurred fees in pursuing insurance coverage.

In the coverage action, the plaintiffs were successful in obtaining summary judgment against the defendant insurer requiring the payment of damages, costs and interest in the underlying action.

The insurer denied coverage to Mr. Hoang, and the plaintiffs were forced to bring an action for coverage, under section 258 (1) of the Insurance Act directly against the defendant insurer to have the insurance money payable under Mr. Hoang's motor vehicle policy applied toward satisfaction of the judgment.

The plaintiff asked the court to lift the cloak of privilege over the mediation process and the defendant's mediation brief as it would be the only way in which the court could assess the insurer's participation in mediation.

In the Ontario Court of Appeal case of Dimopoulos v Mustafa, 2016 ONSC 4119, the plaintiff argued that the defendant insurer had not meaningfully participated in the mediation and sought an Order imposing a cost penalty on the insurer.

In California, the plaintiff in a bad faith action may be able to recover some of its attorneys» fees separately and in addition to the judgment for damages against a defendant insurer.

The primary defendant's insurer, Germantown Mutual, paid its policy limits, and the plaintiff's insurer, Rural Mutual, paid additional «under insured motorist» benefits.

As a monopoly insurer ICBC often has one adjuster assigned to look after a person's claim for no - fault benefits and at the same time look after the defendant's interests in the Plaintiff's tort claim.

In the following year, the plaintiff filed a complaint against the allegedly negligent driver and his own insurer, alleging that the defendant driver negligently caused his injuries and that the defendant was uninsured at the time of the crash, based on the denial of coverage by ACCC.

It is not uncommon for the defendant's insurer to hire a private investigator to «tail» the plaintiff and video their daily activities in search of evidence that may compromise the plaintiff's claims of impairment.

He made this decision based on the fact that the insurer had denied the benefits for six years in order to delay payment to take advantage of the insured's economic vulnerability.5 Moreover, the claims advisor for the defendant took an adversarial approach and did not deal with the claim fairly and in a balanced way.6 As such, the insurer was deemed to have acted in bad faith and the plaintiff was awarded $ 200,000 in punitive damages.

Matt has represented both defendants and plaintiffs in class proceedings, and also engineers, developers and public authorities in real estate and construction disputes, investment advisors and brokerages in lawsuits involving negligent advice and fraud, insurance brokers and disability insurers in cases concerning a wide range of insurance products, and manufacturers in product liability cases.

Her recent notable decisions include Ismail v. Nitty's Food Services Limited, 2014 ONSC 4140, where she successfully opposed a plaintiff's motion to add further defendants to the action beyond the limitation period, and Chen and State Farm Mutual Automobile Insurance Company, FSCO A13 - 006689, where she successfully brought a preliminary issue hearing to dismiss an applicant's action as a result of his failure to attend insurer examinations.

However, the issue has been somewhat muddied by Lupsor Estate v. Middlesex Mutual Insurance Co., [2003] O.J. No. 1038, in which the defendant was sued both as an insurer of the plaintiff and as a proposed representative of the defendant class.

In that capacity, she provides insurance coverage counseling, and represents insurers as plaintiffs, as defendants and in the increasing number of inter-insurer disputes.

Defendants and their insurers will often attempt to argue that a plaintiff's claim for loss of future income and loss of competitive advantage is too speculative.

With at least six Florida personal injury lawyers now facing unrelated criminal charges for defrauding auto insurers and the Sunshine State already in the running for this year's # 1 ranking among the nation's Judicial Hellholes, a panel of four federal judges last week imposed nearly $ 9.2 million in sanctions on two Jacksonville - based plaintiffs» firms for their shameless pursuit of more than 1,200 «frivolous and factually baseless lawsuits» against tobacco defendants... → Read More: Two Florida Firms» Fraudulent Tobacco Claims Draw Nearly $ 9.2 Million in Sanctions