Sentences with phrase «action against the insurer»

In similar fashion, EC Regulation 44/2001 and the EU Court of Justice decision of FBTO v Odenbreit allow British holidaymakers to initiate claims against the EU insurers of negligent third parties in the English jurisdiction, provided the country of origin permits a direct right of action against an insurer.

Canadian Common Law jurisdictions do recognize actions against insurers for failing to protect the underinsured interests of policyholders.

The Court of Appeal's decision destroyed the foundation of over 30 class actions against insurers in Ontario.

Here, New Orleans workers» compensation lawyer Charles Lavis understands the nuances of workers» compensation claims, personal injury cases actions against an insurer.

Representation of insurer in $ 10 million fraud claim in New York State Supreme Court, where plaintiff withdrew action against insurer.

The insured then brought an action against the insurer asserting numerous tort and contract claims as well as violations of G.L. c. 175, § 181, and G.L. c. 93A.

Insureds would therefore take action against the insurer in a case of non-payment of a claim, where the non-payment was due to the conduct of the broker.

The insured commenced an action against the insurer in February 2012, more than one year, but less than two years after the incident.

Complaint is a formal written document that starts the legal action against an insurer or HMO.

The insolvency or bankruptcy of insured does not release the insurer from payment of liability or property damages to a third party for loss sustained under the policy, and an injured person may bring action against insurer directly if insured is insolvent.

Yes and no, there are regulatory bodies in the United States that operate on a state by state basis that try to ensure than an insurer is being financially responsible, and have powers to take action against an insurer if there are areas of concern regarding their solvency.

Not exact matches

Analysts say that the ACCC action against NIB will have no material impact on the health insurer.

Thrivent Financial for Lutherans became the sixth plaintiff to lob a complaint against the Department of Labor's fiduciary rule when the insurer filed a suit in late September challenging the class - action waiver requirement under the rule's best interest contract exemption, or BICE.

The governor and state attorney general announced separate initiatives to tackle the opioid - heroin epidemic, while another health insurer took action against Western New York Dr. Eugene J. Gosy, and a group of experts is arranging a program to provide free training on how to serve those suffering from addiction.

For most dog owners, a homeowners or renters insurance policy would provide coverage against these actions, however some insurers deny coverage to pit bull owners.

If the workers comp insurer thinks that you're liable, they'll take action against you (your policy, actually) to recover the money they paid out.

The NFL filed a declaratory judgment action against 32 liability insurers in California concerning the insurers» duties to defend and indemnify the league for claims of its former players resulting from neurologic injuries suffered by players during their playing careers.

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.

So today you see punctuational solecisms like this: «When a direct action against a liability insurer is permitted -LSB--RSB-, joinder has not been required.»

After a guest's vehicle was stolen from the hotel's parking lot, he filed a claim with his insurer that compensated him and, in return, brought an action in subrogation against the hotel.

Defended a market - leading insurer in a Massachusetts direct action in which the injured plaintiffs sought more than $ 40 million in punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

«Injured Plaintiff Has No Direct Action Against Tortfeasor's Insurer For «Bad Faith»,» Pittsburgh Legal Journal, June 9, 1998

Declaratory judgment action included claims against insurer for alleged violation of consumer protection law, in addition to dispute over the insurer's reasons for denying coverage for the stock option backdating claims under applicable policy definitions and exclusions.

«Injured Plaintiff Has No Direct Action Against Tortfeasor's Insurer for Bad Faith,» Pittsburgh Legal Journal

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.

Aquatech sought a declaration from the Ontario Superior Court of Justice stating that two of its three insurers (Lombard and ACE INA) had a duty to defend the actions against it for damages arising out of the accident.

In any action in Ontario against the licensed insurer or its insured arising out of an automobile accident in Ontario, the insurer shall appear and shall not set up any defence to a claim under a contract made outside Ontario, including any defence as to the limit or limits of liability under the contract, that might not be set up if the contract were evidenced by a motor vehicle liability policy issued in Ontario and such contract made outside Ontario shall be deemed to include the statutory accident benefits referred to in subsection 268 (1).

Doug also coordinates the defense of mass individual lawsuits that are frequently brought against insurers in conjunction with, or in place of, class actions.

Ian Hu of Oatley Vigmond LLP commenced an action on his behalf for accident benefits and damages for bad faith and mental distress on December 10, 2008 against his insurer, ING Insurance Company of Canada, represented by Deborah Neilson of Carroll Heyd Chown.

For example, if the insured misrepresented his pre-accident income in an accident benefits matter to obtain better income replacement benefits, the insurer can pursue an action against the insured for reimbursement of the benefits paid out.

Representation of a powerboat owner in action against marine casualty insurer for failure to provide coverage and violations of M.G.L. c. 176D and against insurance agency for malpractice.

Advised employment practices liability insurer concerning application of prior notice and other coverage defenses against Equal Employment Opportunity Commission demand that insured contribute to multimillion dollar relief fund to avoid threatened class action on behalf of alleged victims of widespread sexual harassment, in Massachusetts.

Representation of a major international insurer in a Massachusetts statutory bad faith action in which the injured plaintiffs sought more than $ 40 million in compensatory and punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

They are typically hired by insurer to represent a company or person who has been taken legal action against on a claim covered by an insurance coverage.

Advising London primary and excess insurers on occupational disease class action proceedings brought against the South African gold mining industry

Randee has successfully handled several class actions, including a trio of landmark ERISA class actions against major health insurers, which established coverage for 4 million individuals for the treatment of eating disorders as well as the recovery of millions of dollars of wrongfully denied benefits.

Defended class action claims against life insurer alleging false and deceptive practices in marketing of annuity products.

Assured subsequently brought proceedings against the insurers, their servants and agents alleging various Greek law torts had been committed by the insurer parties in the course of handling the original claim and the defence of the original English action.

Mr. Ackerman's portion of the presentation focused on recent developments in class action litigation against insurers, including cases involving depreciation of labor costs, depreciation in California, application of deductibles, diminution in value on property insurance claims, Connecticut faulty concrete foundation litigation, and auto insurance cases involving the Medicare Secondary Payer Act.

As a result of the resolution of the litigations, we successfully represented the national insurer in a contribution action against eleven other national insurers in which we recovered all of the fees and costs expended by our client in the underlying real estate disputes, exceeding $ 11 million

If an insurer either refuses to defend a claim on behalf of an insured or to pay a claim when liability is obvious, it may be necessary to file a seperage action directly against the insurance company, alleging bad faith insurance practices and attempting to force them to fulfill their duties.

Obtaining dismissal of a putative class action lawsuit in the United States District Court for the Northern District of Ohio brought by physicians against a health insurance provider challenging the insurer's claims handling and reimbursement practices.

Several insurers are planning to take group legal action against an individual who filed 50 motor insurance claims in 18 months.

The Insurance Act states that every motor vehicle liability policy issued in Ontario shall provide that the insured appoints the insurer as its attorney to defend any action against the insured arising out of the ownership, use or operation of the automobile: Insurance Act, R.S.O. 1990, c. I. 8, s. 252 (1)(c).

The landlord's insurer commenced a subrogated action against Red's Pub for the damage.

In the wake of insurers» insolvency and withdrawals there were calls for action to be taken against the use of unrated insurers.

You need strong representation behind you — lawyers with the determination, capacity and resources to take effective action against a car, truck or SUV manufacturer and its insurer.

The balance is between the insured's right to a full and fair defence of the civil action against it and the insurer's right to control that defence because of its potential ultimate obligation to indemnify.

Weil has a long track record of successfully defending insurers against the most complex class actions, including numerous nationwide and multidistrict litigations in jurisdictions across the country.