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Castano v. Augustine: Strict construction of the law at odds with New Jersey public policy?
Over time, New Jersey’s No Fault Act has evolved to incorporate additional restrictions on an injured party’s right to sue for injuries resulting from an auto accident. These restrictions, viewed as a trade-off for the Act’s promise of prompt payment of medical expenses regardless of fault, serve to impose the “draconian consequence” of completely foreclosing a prospective plaintiff’s cause of action should they run awry of requirements of the Act.
Autonomous vehicles update
The way in which people and goods travel is changing rapidly. As a new era of transport continues to unfold, Kennedys is here to keep you up to date on the latest developments and what they mean for you and your business.
New Jersey’s new pre-suit policy disclosure requirement
A recent change to the New Jersey Motor Vehicles and Traffic Regulation creates a pre-suit, time sensitive obligation to provide the disclosure of applicable policy limits.
Kennedys finds (re)insurers’ changing underwriting practices key to net zero transition
Today we announced the launch of our in-depth report, 'Rewriting the risk: Addressing the challenges of climate change', which finds that the underwriting practices of (re)insurers are a major catalyst for change among businesses in the ongoing climate crisis.
Rewriting the risk: Addressing the challenge of climate change
Our latest global report finds that the insurance industry has a central role in building wider understanding about climate-related risks and in mitigating against those risks.
Eleventh Circuit expands excess judgment rule for bad faith claims
This week’s decision by the Eleventh Circuit in McNamara v. Gov't Employees Ins. Co., __ F.4th __, No. 20-13251, 2022 WL 1013043 (11th Cir. Apr. 5, 2022) expands the circumstances under which insurers in Florida may face exposure to third-party bad faith claims. At issue in McNamara was whether a bad faith action based on the insurer’s failure to settle a claim within policy limits may be predicated on a consent judgment between the claimant and insured, rather than a litigated judgment against the insured.
Eleventh Circuit upholds auto insurers win in Florida bad faith case
In Florida, a liability insurer has an affirmative duty to initiate settlement negotiations before receiving a settlement demand, but only in cases where liability is clear, the policy limits are insufficient, and there is a likelihood of an excess judgment against the insured. Here, we analyse a recent case addressing the scope of this duty.
Newly signed bill opens the door for bad faith suits against auto insurers providing UM and UIM benefits
On January 19, 2022, New Jersey’s Governor, Phil Murphy, passed S.B. 1559 into law, referred to as the New Jersey Insurance Fair Conduct Act (“IFCA”). The IFCA creates a private cause of action for injured motorists to sue insurance companies that “unreasonably” deny or delay paying claims for uninsured (“UM”) or underinsured motorist (“UIM”) coverage.
Florida governor vetoes Senate Bill 54, aimed at overhauling Florida’s auto insurance framework
On April 30, 2021, the Florida legislature passed Senate Bill 54 (“SB-54”), which proposed sweeping changes to Florida’s auto insurance system, including repealing Florida’s no-fault personal injury protection (“PIP”) system and banning punitive damages on plaintiffs’ bad faith claims.
New Jersey’s Appellative Division rules on dispute between automobile insurer and health insurer
On July 27, 2021, the Appellate Division issued an opinion clarifying an automobile insurance carrier’s rights and obligations when its named insured selects the ‘health insurance primary’ option of their automobile insurance policy.