Sentences with phrase «defendant insurer»

The phrase "defendant insurer" refers to an insurance company that is being sued or brought to court by someone who is making a claim against them. The insurance company is the defendant in this legal case, meaning they are being accused or held responsible for something. Full definition
A significant weapon, if used with care, in the hands of defendant insurers fighting fraudulent claims.
The Travelers Companies et al. 172 Conn App 717 (Connecticut Appellate Court, 2017) Represented defendant insurer in case involving allegations by a former insured in connection with the insurer's denial of coverage for a fire loss and the insurer's subsequent testimony at the insured's divorce proceedings concerning the basis for the denial.
If one adds in the success fee that claimants» solicitors will seek to recover, and it is safe to assume in professional negligence cases that in all but the most straightforward that the fee sought will be between 80 % and 100 %, then defendant insurers could be moving into a very expensive phase.
The revised MoJ limit will mean about 70 % of all accident claims handled in this country will be dealt with in the process save for when liability is not admitted by defendant insurers.
Again Defendant insurers are likely going to argue that any claim is time barred.
There are limits to what ICBC and other defendant insurers can expect to receive early in... Continue reading →
Therefore defendant insurers have to be aware that they would have to pay some element of ATE premium even if the case was settled at a very early stage.
The experience does contrast violently with every slander about defendant insurers.
Bond Pearce solicitor Nicholas Bevan says that although the ruling is likely to be appealed to the House of Lords, it has profound cost implications for the NHS Litigation Authority and for defendant insurers.
An interim payment is a payment by the defendant insurer on account of the final settlement of a civil claim.
It follows that the defendant insurer's have a keen financial interest in every case to consider whether they can successfully argue for contributory negligence because it can, if proven, reduce the amount of money they pay.
As such in every case your solicitor should seek to secure from the defendant insurer an early full admission of fault, and if the defendant is seeking to make an allegation of contributory negligence then get them to make it early so that your solicitor can properly gather the evidence to resist the same.
In road traffic collisions if an occupant was not wearing a seat belt then the defendant insurer's may argue that had they worn a seat belt then the degree of injury sustained would have been less severe and as such the amount of compensation to be paid should be less.
It is in my experience frequent that a defendant insurer, having admitted primary responsibility, will seek to make an allegation of contributory negligence.
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.
Specialist industrial disease lawyers acting for a Leeds man, who suffers from mesothelioma due to being exposed to asbestos during his employment decades ago, have secured a landmark agreement with the defendant insurers to cover the future costs of his cancer treatment.
A further twist is that if the Jackson Bill as drawn receives the Royal Assent then the defendant insurer will make the claimant worse off.
The defendant insurers were not inclined to purchase such an annuity.
The defendant insurer had placed the claimant on notice at an early stage that they had concerns «relating to the bone fides of the claims».
The Superior Court allowed the defendant insurer's motion for summary judgment on the ground that plaintiff was covered only by her husband's policy in this case.
In Lakew v Munro, 2014 ONSC 7316, the defendant insurer was playing «hardball» by offering only dismissal without costs at 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.
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.
Lloyd's Rep 67: Chris was instructed on behalf of the Defendant insurers in this case in which the Court of Appeal considered the question of the grant of anti-suit injunctions restraining proceedings in Lugano Convention States alleged to be in breach of an English Arbitration clause.
In Pepper v. Sanmina - Sci Systems (Canada) Inc., 2017 ONCA 730, the plaintiff sued the defendant insurer for payment of LTD benefits.
In Ross v. Bacchus the defendant insurer agreed to attend a mediation, but wrote beforehand that they were really «not interested» in settling the case.
The defendant insurer brought a summary judgment motion on the basis that the limitation period had expired.
According to court records, the plaintiff insured a motorcycle with the defendant insurer in July 2014.
The Association of Personal Injury Lawyers» membership survey revealed that final settlements were 53.14 % higher than the defendant insurers» first offers.
This revealed wide - spread concerns that defendant insurers» first offers in settlement are set significantly lower than what would be awarded by a judge in court.
Station Lands obtained an «all risks» insurance policy from the defendant insurers, covering all «direct physical loss or damage except as hereinafter provided».
Defendant insurers are the great beneficiaries under Jackson, right?
[37] As a result, although not determinative, the relative financial circumstances of the plaintiff and the defendant insurer are a consideration that I have taken into account.
The whole process was brought to an end by a «pre-medical» offer from the defendant insurers, less than two weeks from the accident.
a b c d e f g h i j k l m n o p q r s t u v w x y z