Spouse Has No Individual Tort Claim Against Health Insurer

The Mega Life and Health Ins. Co. v. The Superior Court of Riverside County (Ct. App.Ca., April 14, 2009) A spouse can recover on a tort claim for fraud based on the issuance of a health insurance policy to his deceased wife. The spouse, however, has no separate and individual tort claim based on the policy. Here is the full case http://www.courtinfo.ca.gov/opinions/documents/E0459.pdf By       Daniel W. Gerber and  Kimberly Whistler http://www.goldbergsegalla.com/attorneys/Gerber.html http://www.goldbergsegalla.com/attorneys/Whistler.html You have 14 minutes to make changes | Edit
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OCCURRENCE/TRIGGER OF COVERAGE – Emergency Demolition of Structure Was an Intentional Act and Not an Occurrence

Village of Springville v. Argonaut Insurance et. al. (N.Y.A.D. 4th Dept., April 24, 2009)   In a case successfully handled by the authors, the Appellate Court declared that the insurer was not required to defend the policyholder against a federal claim asserting constitutional violations arising from a Village’s demolition of a fire-damaged building.   In January, 2005 a fire occurred causing significant damage to a structure. As a result of the fire, Village officials determined that it was necessary to
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Enforceability of Arbitration Bond Addressed

THIRD CIRCUIT EVERTEST NATIONAL INSURANCE CO. V. SUTTON et al. (CIVIL ACTION NO.: 08-CV-4643 – April 7, 2009) THIRD CIRCUIT DISMISSED APPEAL REGARDING THE ENFORCEABILITY OF AN ARBITRATION BOND BASED ON LACK OF JURISDICTION Appellants appealed a decision from an order by the United States District Court for the District of New Jersey in which it required them to post security with an arbitration panel following an arbitration decision in which the reinsurer was required to pay 70 million dollars
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Court Upholds Sanctions for Party’s Failure to Arbitrate in Good Faith

SECOND CIRCUIT RELIASTAR LIFE INSURANCE COMPANY OF NEW YORK V. EMC NATIONAL LIFE COMPANY (CIVIL ACTION NO.: 07-CV-0828 – April 9, 2009) Appellant appealed a judgment from the United States District Court for the Southern District Court of New York vacating a portion of an arbitration award on the grounds that the arbitration panel went beyond its authority in awarding attorneys’ fees and arbitrator’s fees as sanctions for a party’s failure to arbitrate in good faith pursuant to the parties’
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