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Jay Barry Harris (1955-2016) | Articles, Presentations, and News | Fineman Krekstein & Harris
Jay Barry Harris (1955-2016) Articles, Presentations, and News
Fracking and Concussion Claims Continue to Impact the Legal Landscape IADC Committee Newsletter, April 2016 WHOSE EMPLOYEE IS IT? OR DOES IT MATTER? THE BATTLE OVER COVERAGE AND THE EMPLOYER EXCLUSION 2016-03-08 00:00:00.0 DUTY TO SETTLE WHEN FACED WITH MULTIPLE CLAIMS AND LIMITED POLICY LIMITS 2015-10-23 00:00:00.0 PENNSYLVANIA SUPREME COURT PERMITS FAIR AND REASONABLE SETTLEMENTS BY INSUREDS IN CASES DEFENDED UNDER A RESERVATION OF RIGHTS, WHERE COVERAGE IS DUE AND INSURER REFUSES TO SETTLE 2015-07-29 00:00:00.0 IMPORTANT APPELLATE DECISIONS ON EMPLOYERS’ EXCLUSION AND RESERVATION OF RIGHTS LETTERS 2015-06-02 00:00:00.0 Navigating the Dangers of Multiple Claimant-Burning Limit Policy Scenarios For the Defense, May 2015 Concussions Reverberate from the Pros to Pop Warner April 2015 Jay Barry Harris Selected as Member of the Nation’s Top One Percent by the National Association of Distinguished Counsel 2015-04-07 00:00:00.0 Unintended Consequences – The Potential Link Between Concussions and Domestic Violence Casualty Subcommittee Article for the IADC Insurance and Reinsurance Committee Newsletter, 2014-10-21 00:00:00.0 Are the Barriers to Changing Venue Becoming Less Onerous? September 2014 NJ Federal Court Finds State Law Preempted by NFIA and Holds that Suits Against “Write Your Own” Insurers are the Functional Equivalent of Suits Against FEMA in Determining Statute of Limitations. 2014-07-30 00:00:00.0 PA Attorney General Settles Claim Involving Price Gouging in the Wake of Hurricane Sandy 2014-07-25 00:00:00.0 NJ Federal Court Denies Motion to Dismiss CFA Claim Contrary to Other Federal Courts. 2014-06-10 00:00:00.0 Judge Considers “Named Storm” Definition in Insurance Policy Endorsement 2014-06-10 00:00:00.0 CONTRACTOR EMPLOYED TO REBUILD NJ AFTER SANDY RECEIVED COMPLAINTS FOR ITS WORK REMEDIATING THE DAMAGE FROM KATRINA 2014-05-27 00:00:00.0 NJ FEDERAL COURT REJECTS APPLICATION OF “DIRECT ACTION” DOCTRINE AND DENIES INSURED’S MOTION TO REMAND COVERAGE LITIGATION 2014-05-27 00:00:00.0 NEW YORK FEDERAL COURT FINDS THAT NO BAD FAITH CAUSE OF ACTION EXISTS IN HURRICANE SANDY COVERAGE DISPUTE 2014-05-24 00:00:00.0 COURT DISMISSES CLAIM SEEKING DEBRIS REMOVAL COVERAGE FOLLOWING HURRICANE SANDY 2014-05-24 00:00:00.0 $10 BILLION PROPOSAL TO BUILD ARTIFICIAL ISLANDS INTENDED TO BLUNT IMPACT OF STORM SURGES 2014-05-24 00:00:00.0 The Hits Keep Coming: No End in Sight to the Concussion Dilemma IADC Committee Newsletter , April 2014 NEW JERSEY RECEIVES $1.46 BILLION IN ADDITIONAL FEDERAL FUNDING TO AID IN HURRICANE SANDY RELIEF 2014-02-14 00:00:00.0 NEW LEGISLATION DELAYS FLOOD INSURANCE PREMIUMS HIKES 2014-02-10 00:00:00.0 Recent Survey Shows the Impact of Hurricane Sandy on Many Small Businesses in Staten Island. 2014-01-12 00:00:00.0 Judge Rules That Reformation of SFIP Was Mandated By Federal Law 2014-01-07 00:00:00.0 EDNY Judge Severs Joint Hurricane Sandy-Related Insurance Suit 2014-01-07 00:00:00.0 COMPLETE OPERATIONS–LOADING AND UNLOADING: WHEN IS THE BEGINNING THE BEGINNING? 2013-12-18 00:00:00.0 Bipartisan Deal in U.S. Congress to Delay Biggert-Waters Premium Hikes 2013-11-04 00:00:00.0 Lack of Federal Support for Second Homes May Stunt Communities 2013-11-04 00:00:00.0 New Jersey Department of Banking and Insurance Releases Sandy Figures 2013-11-04 00:00:00.0 Local Officials Urge Residents to Oppose Flood Insurance Rate Hikes 2013-10-28 00:00:00.0 National Resources Defense Council Calls For Re-Evaluation of Flooding Costs 2013-10-28 00:00:00.0 N.Y. Legislation Challenges Anti-Concurrent Causation; Additional Legislation Seeks to Arm Insureds 2013-10-21 00:00:00.0 NJ Legislature Renews Efforts to Pass Bad Faith Insurance Statute 2013-10-21 00:00:00.0 Insureds Allege Settlements are Insufficient to Cover Rebuilding Expenses; Consumer Advocates Blame Inexperienced Adjusters 2013-10-21 00:00:00.0 NJ Legislature Renews Efforts to Pass Bad Faith Insurance Statute 2013-10-15 00:00:00.0 THE SMART ACT AND ITS IMPACT UPON MEDICARE CLAIMS BY PRO SE CLAIMANTS THE SMART ACT 2013-08-23 00:00:00.0 New Jersey Requires Insurers to Inform Their Policyholders of New Mandatory Mediation Program for Post-Sandy Insurance Claims April 2013 Murder – Suicide Need Not be Disclosed by Sellers of Residential Real Estate Insurance and Reinsurance Newsletter , 2013-04-01 00:00:00.0 Governor Christie Criticizes Congress For Delaying Sandy Aid Package 2013-03-29 00:00:00.0 FROM PEE WEE FOOTBALL TO THE NFL: THE POTENTIAL IMPACT OF FOOTBALL-RELATED CONCUSSIONS ON SPORTS AND INSURANCE IADC Committee Newsletter , March 2013 INSURER NOT OBLIGATED TO PROVIDE COVERAGE FOR JERRY SANDUSKY’S LEGAL FEES IADC Committee Newsletter , March 2013 UPDATE REGARDING THE SMART ACT 2013-03-01 00:00:00.0 NJ and NY Mediation Programs Created to Expedite Sandy Insurance Disputes 2013-03-01 00:00:00.0 Gov. Christie Increases Criticism of NFIP, Draws Fire for No-Bid Debris Removal Contract 2013-03-01 00:00:00.0 Proposed NJ Bad Faith Statute Considered by Senate Commerce Committee on March 4th 2013-03-01 00:00:00.0 New FEMA Flood Insurance Maps for New Jersey 2013-02-19 00:00:00.0 Governor Christie Calls Federal Flood Insurance Program a “Disgrace” February 8, 2012 Federal Flood Insurance Program Makes Several Changes to Flood Manual 2013-02-08 00:00:00.0 NJ Dept. of Banking and Insurance Urges Adjusters to Maintain Reasonable Fees 2013-01-08 00:00:00.0 President Obama Signs Bill to Pay Flood Insurance Claims 2013-01-07 00:00:00.0 National Flood Insurance Program Running Out of Money 2012-12-28 00:00:00.0 Senate Passes National Flood Insurance Increase, House to Hold Two Separate Votes 2012-12-28 00:00:00.0 Class Action Filed Against Flood Insurers 2012-12-26 00:00:00.0 EXPANSION OF BAD FAITH CASE LAW BLOG 2012-11-06 00:00:00.0 Firm Attorneys Co- Author Article 2012-10-22 00:00:00.0 Firm Attorneys Co-Author Chapter 69 Truckers’ and Motor Carriers’ Commercial Vehicle Insurance for the 2012 Edition of New Appleman on Insurance Law 2012-10-04 00:00:00.0 HARRIS AND APPLEBAUM ON NON-COMPETES 2012-05-18 00:00:00.0 NFL Bounty Programs: Who Pays? Insurance and Reinsurance Committee Newsletter , April 20, 2012 Firm Attorney Speaks at Trucking Law Seminar February 16, 2012 Jay Barry Harris Named as 2012 Chair of DRI Insurance Roundtable 2012-01-20 00:00:00.0 Firm Partners Present Seminar in London 2011-06-09 00:00:00.0 Firm Partner Speaks at PBI Seminar 2011-06-06 00:00:00.0 Independent Adjuster’s Actions Can Bind Insurer in an Action for Bad Faith 2011-02-25 00:00:00.0 Court Allows Attorney to Utilize Google During Jury Selection 2010-10-08 00:00:00.0 Court Limits Punitive Damage Award 2010-10-07 00:00:00.0 It’s Jury Service, Not DutyDefense Research Institute Service Task Force, January 2009
Protecting Trade Secrets 2010-07-30 00:00:00.0 Jay Barry Harris Speaks to Claims Department on Medicare Secondary Payer Statute 2010-07-28 00:00:00.0 Firm Lawyers Chosen 2010 Pennsylvania Super Lawyers 2010-06-24 00:00:00.0 Jay Barry Harris Named as 2011 Vice Chair of DRI Insurance Roundtable 2010-06-10 00:00:00.0 Jay Barry Harris Joins the Board of Center for Advancement in Cancer Education 2010-03-16 00:00:00.0 Litigation Tactics – Pre Trial: The Defense Perspective 2010-02-13 00:00:00.0 Jury Verdict Raises ADA Concerns For Trucking Companies 2010-01-27 00:00:00.0 DRI Appoints Jay Barry Harris To Insurance Roundtable Steering Committee 2009-12-29 00:00:00.0 Third Circuit Limits Scope Of “Occurrence” Under Commercial General Liability Policies May 2009 The Dangers of Federal Court: Judge Rules That Driver’s Traffic Conviction is Admissible 2009-03-24 00:00:00.0 IADC Member Jay Barry Harris Speaks At Midyear Meeting March 2009 Firm Lawyers Win Motion To Dismiss Bad Faith Claim March 2009 Firm Lawyers Win Appeal, Upholding Dismissal of Bad Faith Claim February 2009 Firm Attorneys Show Effective Claims Handling December 2008 Congratulations To Firm “Super Lawyers” December 2008 Firm Lawyers Write on Non-Competes December 2008 Unfair Claims Settlement Practices PowerPoint December 2008 Collapse Coverage: The Conundrum Continues 2008-05-19 00:00:00.0 New FCMSA Regulations Could Leave Drivers Running On Empty Defense Research Institute Transportation Quarterly, April 2008 Firm Lawyers Obtain Dismissal of Bad Faith Claim April 2008 Firm Attorneys Win Claim That Carrier Had No Duty To Defend Or Indemnify Officers Committing Intentional Acts March 2008 Claims For Coverage Involving Criminal Acts 2007-05-01 00:00:00.0 Jay Barry Harris Honored by DRI – The Voice of the Defense Bar November 2006 Harris Addresses Property Loss & Liability Research Bureau Seminar in Chicago October 2006 Jay Barry Harris Named National Director for DRI—The Voice of the Defense Bar October 2006 Center City Lawyers Author Book Chapters For Young Lawyers September 2006 Technology And Court Room: Federal Courts Enact Rules To Govern “E-Discovery” Legal Notes, Vol. 19, Fall 2006 Contingent Fee Award Not Permitted Under Bad Faith Statute July 2006 Local Attorneys Lead National Trucking Law Conference May 2006 Check Your Hurricane Insurance Coverage Now Legal Notes, Vol. 18, Spring 2006 Recent Developments in Pennsylvania Bad Faith Litigation 2006-04-04 00:00:00.0 Harris Makes Presentation to Claims and Underwriting Departments of Insurance Company February Harris Reappointed as Chair of Trucking Law Committee February 2006 Litigation Tactics – Pre Trial: The Defense Perspective 2006-01-27 00:00:00.0 Bad Faith During Litigation 2006-01-20 00:00:00.0 Exploring the Self-Insured – Insurer Relationship 2006-01-20 00:00:00.0 Uncertainty in the Law Makes it More Important for You to be Listed as a Named Insured Legal Notes, Vol. 17, Fall 2005, Fall 2005 Lafayete Hill Attorney Jay Harris Named Pennsylvania “Super Lawyer” June 2005 Harris Addresses National Insurance Claims Conference In San Antonio May 2005 Utilizing Surveillance and Getting it Admitted Into Evidence 2005-02-13 00:00:00.0 Jury Verdict Raises ADA Concerns For Trucking Companies Defense Research Institute In Transit, 2005-02-13 00:00:00.0 Modern Occurrence Litigation 2005-01-26 00:00:00.0 The Collapse Conundrum: Finding Collapse Coverage When No Collapse Occurs 2005-01-26 00:00:00.0 Philadelphia Common Pleas Judge Declares Fair Share Act Unconstitutional July 2004 Arbitration Clauses Can Limit Your Exposure and Litigation Costs Legal Notes, Vol. 14, Spring 2004 Arbitration Clauses Can Limit Your Exposure and Litigation Costs Legal Notes, Vol. 14, Spring 2004, Spring 2004 Economic Loss Rule And Its Impact On Property Insurance Coverage Defense Research Institute, March 2004 Privacy Issues And Their Impact Upon The Trucking Industry 2004-01-27 00:00:00.0 The Battle Between the Courts and Coverage – How to Handle the Innocent Co-Insured 2004-01-26 00:00:00.0 Third Circuit Decides That EEOC Letters Are Not Automatically Admissible At Trial IADC Newsletter , March 2003 Revisiting The Duty to Defend After the Exhaustion of the Policy Limits 2003-01-26 00:00:00.0 Providing Drivers with Telematic Equipment: The RisksFor The Defense, 2002-11-30 00:00:00.0
Why Litigate When You Can Mediate? – An Introduction to ADR 2002-10-01 00:00:00.0 Pennsylvania Radically Alters Joint and Several Liability Insurance Law Update, Fall 2002 New PA Law May Discourage Lawsuits Legal Notes, Vol. 11, Fall 2002 Insurance Law UpdateFall 2002
In addition to Punitive Damages, An Insured, In a Bad Faith Action, Can Recoup Attorneys’ Fees Insurance Law Update, Fall 2002 Violations of the Unfair Insurance Practices Act or the Unfair Claims Settlement Practices Regulations are not Admissible to Establish a Standard of Conduct in Bad Faith Action Against an Insurer Insurance Law Update, Fall 2002 Superior Court Invalidates Philadelphia County Local Rule Imposing Sanctions for Failure to Settle Insurance Law Update, Fall 2002 Insurer Required to Indemnify Insured Who Pleaded Guilty to Involuntary Manslaughter and then Found Liable in a Civil Action for Violating Decedent’s Civil Rights Insurance Law Update, Fall 2002 Post-Judgment Actions of Insurer Not Covered by Bad Faith Statute Insurance Law Update, Fall 2002 Third Circuit Bars Expert Testimony About Violations of the Unfair Insurance Practices Act and the Unfair Claims Settlement Practices Regulations April 2002 Unfair Claims Settlement Practices (Regulations) 2002-04-02 00:00:00.0 Why Litigate When You Can Mediate? – An Introduction to ADR 2002-02-13 00:00:00.0 Drivers with Telematic Equipment: The Risks 2002-01-27 00:00:00.0 Eight Ways to Reduce Your Risk of Loss and Help Avoid Costly Litigation Legal Notes, Vol. 7, Spring 2001 Vicarious Liability And Punitive Damages – Who Should Bear The Loss? 2001-01-27 00:00:00.0 Default Judgments – If the Insured Allows the Door to Close, Must the Insurer Attempt to Open It? 2001-01-26 00:00:00.0 Firm Convictions: The Effect of Criminal Proceedings on Coverage 2001-01-26 00:00:00.0 Primary Insurer May Have Direct Duty to Notify the Excess Insurer 2001-01-26 00:00:00.0 Where Primary Insurer’s Limits are Exhausted, It is Still Responsible to Pay Delay Damages 2001-01-26 00:00:00.0 Insurer Cannot Deduct Depreciation for Repairs to a Partially Destroyed Building 2001-01-26 00:00:00.0 PA Supreme Court Rules that Paying Excess Verdict Does Not Extinguish Insured’s Bad Faith Claim January 2001 Judgment Creditor Cannot Maintain Bad Faith Action Against Tortfeasor’s Homeowner’s Insurer Absent Assignment 2000-01-26 00:00:00.0 Navigating the Murky Waters of the Insured’s Duty to Cooperate Defense Research Institute, April 1999 Collective Bargaining Agreements are Ineffective in Forcing Arbitration of Employees’ Statutory Discrimination Claims Counterpoint, July 1998 Nursing Home Risk Administration Recognizing Potential Problem Areas and Reducing Your Risks 1998-02-13 00:00:00.0 Driver Who Leaves Terminal to Visit Brother at Shopping Mall Still “Under Dispatch”; No Coverage Under Bobtail Policy 1998-01-26 00:00:00.0 ADEA and Reduction in Force – How Employers Can Avoid Claims of Age Discrimination 1995-02-13 00:00:00.0 No Claim for Negligent Hiring Supervision Where Driver’s Employment was Admitted; Allegations Insufficient to Establish Punitive Damages Risk Management: What Every Non Profit Should Know February 24, 2011 Important Initial Victory for Insurers in “Kids for Cash” Cases April 21, 2011 FMCSA REVISES HOURS OF SERVICE REQUIREMENTS FOR COMMERCIAL TRUCK DRIVERS January 4, 2012 Firm Attorney gives Presentation to PAIIA November 4, 2011 Congratulations to Firm’s Pennsylvania “Super Lawyers” and Rising Star May 2012 HURRICANE SANDY – New Jersey Insurance Issues Jay Barry Harris Re-Appointed Chair of DRI Insurance Roundtable October 12, 2013 Pennsylvania Super Lawyers 2014 Recognizes Eight Firm Attorneys A Tribute to Jay Harris Risk Management Seminar: What Every Non Profit Should Know Philadelphia, PABad Faith Trends in Third Party Litigation Recent Developments in Pennsylvania Bad Faith Litigation Framework For Analyzing The Additional Insured Endorsement “Uncle Sam Is Watching! The Medicare Secondary Payer Statute,” Pennsylvania Association of Independent Insurance Adjusters, November 2009
“Partnership Interrupted- Litigation Between Insurers and Independent Adjusters,” Pennsylvania Association of Independent Insurance Adjusters, March 2009
“Collapse Coverage – The Conundrum Continues,” International Association of Defense Counsel Midyear Meeting, February 2009
“Effective Claims Handling,” November 2008
“Litigating Tractor-Trailer Accidents – The Defense Perspective,” Pennsylvania Bar Institute, 2007, 2005, 2005
“Claims For Coverage Involving Criminal Acts,” Property Loss Research Bureau/Liability Insurance Research Bureau Claims Conference, 2007
“Bad Faith During Litigation,” Property Loss Research Bureau/Federation of Defense and Corporate Counsel Critical Issues Seminar, October 2006
“Recent Developments in Pennsylvania Bad Faith Litigation,” American Modern Insurance Company, 2006
“Modern Occurrence Litigation,” Property Loss Research Bureau/Liability Insurance Research Bureau Claims Conference, 2005
“Privacy Issues And Their Impact Upon The Trucking Industry,” Defense Research Institute Trucking Law Seminar, April 2004
“Economic Loss Rule And Its Impact On Property Insurance Coverage,” Property Loss Research Bureau/Liability Insurance Research Bureau Claims Conference, March 2004
“The Battle Between the Courts and Coverage – How to Handle the Innocent Co-Insured,” Defense Research Institute Insurance Law Seminar, May 2002
“Why Litigate When You Can Mediate? – An Introduction to ADR,” Defense Research Institute Trucking Seminar, April 2002
“Firm Convictions: The Effect of Criminal Proceedings on Coverage,” Defense Research Institute Seminar, December 2000
“Nursing Home Risk Administration Recognizing Potential Problem Areas and Reducing Your Risks,” Northland Insurance Company, 1999
“ADEA and Reduction in Force – How Employers Can Avoid Claims of Age Discrimination,” Pennsylvania Bar Institute,1997
