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Insurer 's Conduct When No Bad Faith Is Pleaded
In what has commonly become known as the Koken decision, the Pennsylvania Supreme Court held that the Pennsylvania Insurance Department “does not possess the authority to require mandatory binding arbitration for UM and UIM disputes.” Prior to Koken, captioned as Insurance Federation of PA v. Department of Insurance, 585 Pa. 630, 889 A2d. 550 (2005), uninsured and underinsured claims were usually arbitrated before three-person panels with very limited appellate rights. Now, most of these claims are being litigated and many procedural and evidentiary issues are working their way through the courts.
Complaints filed to recover UM/UIM coverage range from simple single-count complaints alleging that the plaintiff was injured by the negligence of an uninsured or underinsured motorist and is entitled to recover UM/UIM coverage, to those also including claims for breach of contract or statutory bad faith pursuant to 42 Pa. C.S.A. ' 8371. The inclusion of a statutory bad-faith claim provides a basis for the plaintiff to argue for a broad scope of discovery regarding the insurer's conduct and evaluation of the claim. However, the insurer may file a motion to sever and stay the bad-faith claim and argue for a more restricted scope of discovery.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.