BLF regularly represents insurers as well as policy holders in disputes relating to insurance policies and insurance-related agreements. For example, BLF has represented several insurers in a litigation brought by regulators and by commercial and individual policyholders, BLF has represented insurers in class action litigation, and it has represented a major insurer as a creditor in bankruptcy matters. BLF also has represented both insurers and policy holders in coverage disputes and other types of insurance-related matters.
Our representative cases in this area include:
The firm has other significant insurance carrier experience. Since Bazelon Less & Feldman, P.C. was founded in 1983, it has served as General Counsel to the Pennsylvania Assigned Claims Plan (“PACP”) and the Pennsylvania Financial Responsibility Assigned Claims Plan (“PFRACP”).
These two organizations were established by the Pennsylvania No-Fault Motor Vehicle Insurance Act (PACP) and the Motor Vehicle Financial Responsibility Law (PFRACP). Those statutes required motor vehicle insurers to band together to pay for medical, work loss, survivor’s loss and uninsured motorist benefits for uninsured persons who are injured in motor vehicle accidents either as pedestrians or as vehicle occupants. Both fall under the purview of the Insurance Department for purposes of oversight.
In this role, the Firm has long counseled the Plans on a variety of issues. In addition, the Firm has represented the Plans in lawsuits brought by individual claimants seeking statutory benefits:
D'Amico v. ACE Financial Solutions, et al. (Conn. Supreme Ct. 2013). BLF successfully obtained dismissal of all claims against our clients, a workmen's compensation insurer and its third party claims administrator, in an appeal to the Connecticut Supreme Court. ... Read More
Kaymak v. AAA Mid-Atlantic Inc. (3d Cir. 2013). In this class action alleging breach of contract and unjust enrichment claims against an insurance company, BLF's motion to dismiss for lack of standing was granted and affirmed on appeal. ... Read More
Miller v. Erie Insurance Exchange (Bucks Cty. Common Pleas 2012). BLF defended this homeowners' insurance class action alleging breach of contract due to the withholding of depreciation pending completion of repairs. ... Read More
Freedom Medical Supply, Inc. v. Erie Indemnity Company (Phila. Cty. Common Pleas 2008). BLF defended this class action which alleged that the insurer failed to pay interest required on workers compensation claims.... Read More
Hensley v. Computer Sciences Corp. (Ark. Cir. Ct. 2005). BLF attorneys defended this Arkansas class action against hundreds of insurers, alleging improper insurance industry settlement practices based on the use of software that allegedly depressed the range of permissible settlements. ... Read More
O'Brien v. Progressive Northern Ins. Co. (Del. Supreme Ct. 2001). BLF attorneys successfully defended one of three insurers in these consolidated diminished value class actions. ... Read More
Miller v. Keystone Insurance Company (Pa. Supreme Ct. 1994). The Pennsylvania Supreme Court held as a matter of first impression that the insurer's duty of good faith and fair dealing did not include a duty to advise its insured of the potential claims she had against it. ... Read More