The Michigan Supreme Court Comes Full Circle On The Effect Of The No Fault Act’s Minor/Insanity Tolling Provisions On The Act’s... by Warner Norcross & Judd - Appellate Practice... on 5/17/2012 In the 2006 decision in Cameron v Auto Club Ins Ass’n, a narrow majority of the Michigan Supreme Court found that the provisions of the No Fault Act that tolled the statute of limitations for minors/insanity did not prevent...more
Oregon Laws for Pedestrian Right of Way by Sean DuBois on 5/17/2012 The laws surrounding pedestrian right of way can be complicated. You need to know 1) when to cross as a pedestrian and 2) when to yield as a motor vehicle driver. Violating any of these laws can cost you big - in both...more
Eighth Circuit Addresses Personal Injury Offense of Malicious Prosecution by Traub Lieberman Straus & Shrewsberry LLP on 5/15/2012 In its recent decision in Genesis Ins. Co. v. City of Council Bluffs, et al., 2012 U.S. App. LEXIS 9577 (8th Cir. May 11, 2012), the United States Court of Appeals for the Eighth Circuit, in a matter of first impression under...more
Florida 2012 Personal Injury Protection Insurance (PIP) FAQ List by Andrew Weinstein on 5/14/2012 On May 04, 2012, Governor Rick Scott signed legislation that purportedly aims to reduce auto accident fraud, lower the cost of auto insurance premiums, and reduce the litigation costs associated with the current Personal...more
Overlapping Auto Coverage In The New Age by Field Law on 5/14/2012 The Alberta government, in its wisdom (or lack thereof) has recently changed the rules for situations of overlapping auto coverage. In this paper, I will summarize the changes with a particular focus on non-owned auto...more
Paying insurance on a vehicle though you no longer have a valid driver’s license. by Howard Ankin on 5/7/2012 Imagine that your elderly parent is still keeping her prized mint condition 1973 Buick Riviera in the garage. Unbeknownst to you she has also continued to pay the insurance on the vehicle though she no longer has a valid...more
RI Court Holds No Coverage for Criminal Proceedings Involving Nightclub Tragedy by Traub Lieberman Straus & Shrewsberry LLP on 5/1/2012 In its recent decision in Derderian v. Essex Insurance Company, 2012 R.I. LEXIS 54 (R.I. Apr. 27, 2012), the Supreme Court of Rhode Island had occasion to consider whether under a general liability policy, an insured was...more
NEW LAW CHANGES RULE GOVERNING REMOVAL OF MATTER FROM STATE COURT TO FEDERAL COURT by Erik Anderson on 5/1/2012 On January 6, 2012, the Federal Courts Jurisdiction and Venue Clarification Act (“Act”) of 2011 , came into effect. The Act as a whole brought changes to Federal statues affecting venue, removal and jurisdiction. The...more
APPELLATE DIVISION HOLDS THAT LIABILITY POLICY OF TENANT DOES NOT PROVIDE COVERAGE FOR LANDLORD AND ITS REAL ESTATE MANAGER by Erik Anderson on 5/1/2012 The Appellate Division in Cambria v. Two JFK BLV, LLC, et. al. (423 N.J. Super 499) was called upon to determine whether the trial court properly found that the landlord and its real estate manager were additional insured...more
APPELLATE DIVISION HOLDS THAT PLAINTIFF’S LACK OF DUE DILIGENCE BARS REPLACING ‘JOHN DOE’ DEFENDANT WITH ACTUAL PARTY by Erik Anderson on 5/1/2012 The Appellate Division has held in Andreoli v. State Insulation Corp. et. al. (2011 WL 4577646) that a plaintiff could not replace a “John Doe” defendant with an actual party due to a lack of due diligence in identifying that...more
Oregon Court Holds General Contractor Not Performing Professional Services by Traub Lieberman Straus & Shrewsberry LLP on 4/27/2012 In its recent decision in State Farm and Casualty Co. v. Lorrick Pacific, LLC, 2012 U.S. Dist. LEXIS 57922 (D. Ore. Apr. 24, 2012), the United States District Court for the District of Oregon had occasion to consider whether...more
A Minor Child Splitting Time Living With Each Of Her Divorced Parents Was Domiciled With Each Parent For Purposes Of No-Fault... by Warner Norcross & Judd - Appellate Practice... on 4/26/2012 Even though a mother had primary physical custody of a child under a judgment of divorce, it was still possible for the child to be considered “domiciled” with the father for purposes of Michigan no-fault personal protection...more
How to React After A Car Accident with An Uninsured Driver by Law Offices of R.F Wittmeyer, LTD on 4/24/2012 According to an April 2011 report from the Insurance Research Council (IRC), nearly one in seven drivers across the United States is uninsured. “This trend in the percentage of uninsured motorists is an unfortunate...more
Still No Insurance Coverage for Climate Change Nuisance Litigaiton -- At Least in Virginia by Foley Hoag LLP - Environmental Law on 4/24/2012 Last week, the Virginia Supreme Court ruled (for the second time) that a CGL policy issued to AES Corporation did not require Steadfast Insurance to provide a defense to AES for claims brought again AES in Kivalina v. Exxon...more
Supreme Court of Virginia Reaffirms No Coverage for Global Warming Lawsuit by Traub Lieberman Straus & Shrewsberry LLP on 4/23/2012 In its recent decision in AES Corporation v. Steadfast Ins. Co., 2012 Va. LEXIS 81 (Va. Apr. 20, 2012), the Supreme Court of Virginia revisited its 2011 ruling concerning whether a general liability carrier had a duty to...more