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Articles

Recent Articles

Impact of PA Supreme Court’s Decision Regarding Stacking of UM/UIM Coverage has Become Much Broader

The Pennsylvania Supreme Court struck down the household vehicle exclusion holding that it violated the Motor Vehicle Financial Responsibility Law (“MVFRL”) in Gallagher v. GEICO Indemnity Company.  Following the ruling in Gallagher, several class action lawsuits have been filed on behalf of policyholders who have had their claims for stacking of uninsured or underinsured motorist coverage denied under the household vehicle exclusion. Carriers have been defending those class actions suits arguing that those claims were denied prior to the Supreme Court’s recent decision in Gallagher.  Recently, the U.S. District Court for the Eastern District of Pennsylvania opened the door for even more litigation against carriers by holding that the Supreme Court’s decision in Gallagher could apply retroactively, leaving insurance companies with uncertainty regarding what risks they currently insure, what prior losses they may be liable for, and how to price their policies. 

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New Standards Under Maryland’s Public Adjuster Act

Maryland has implemented new standards for public adjusters that will be applied and enforced by the Maryland Insurance Administration. 

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Maryland’s Court of Special Appeals Observes Key Distinctions Between Examinations Under Oath and Depositions

The Maryland Court of Special Appeals observed in Dolan v. Kemper Independence Ins. Co. the distinctions between an Examination Under Oath (“EUO”) and a deposition, strongly affirming that in addition to one deposition a party can generally conduct in litigation, an insurer can also conduct one or more EUOs because they serve vastly different puposes and are governed by different sets of rules. 

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Judge awards $0 after Plaintiffs’ counsel seeks $1.1 million in attorneys’ fees after winning bad faith case
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In a scathing, 100-page opinion from the The U.S. District Court for the Middle District of Pennsylvania, the Court reiterated that the decision whether to assess attorneys’ fees, costs, and interest under the Pennsylvania bad faith statute is completely within the discretion of the trial court. The court noted that although it may assess attorneys' fees upon a finding of bad faith, it is not required to do so and the party seeking attorneys’ fees bears the burden of demonstrating the reasonableness of the fees, thus denying any fee award after plaintiffs' counsel petitions for $1.1 million in attorneys' fees. 

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Past Articles

When “Going Green” Isn’t Attractive – MD Court of Special Appeals Determines HOA Architectural Commi

The Maryland Court of Special Appeals provides helpful guidelines to homeowners and HOAs in addressing…

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Regulation Best Interest: Higher Standards for Broker-Dealers, Strengthened Protections for Clients

In June, the Securities and Exchange Commission (“SEC”) adopted a new regulation, Regulation…

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The Requirements and Impact of the Insurance Data Security Model Law

The National Association of Insurance Commissioners recommended that states pass the Insurance Data…

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SEC Imposes New Requirements for Brokers and Advisers in Adoption of Regulation Best Interest

On June 5, 2019, the Securities and Exchange Commission (SEC) approved the Regulation Best Interest,…

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Representations & Warranties Policies: A Coverage Primer

Representation and Warranties policies (R&W policies) insure representations made by a Seller…

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