Civil Remedies Insurance Personal Injury

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to...

Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 12-4450 (3d Cir. Feb. 20., 2014) - Third Circuit petitions Supreme Court of Pennsylvania to decide whether an insured tortfeasor can assign his or her statutory bad faith...more

Insurance Recovery Law

Insurer Should Have Considered Extrinsic Facts When Determining Whether A Potential for Coverage Existed, Ninth Circuit Concludes - Why it matters: In a fascinating – albeit unpublished – decision from the Ninth...more

The Texas Supreme Court Issues a Liability-Coverage Decision Favorable to the Construction Industry

On January 17, 2014, the Texas Supreme Court resolved a long-debated controversy as to the scope of a contractual liability insurance exclusion in Ewing Construction Co. v. Amerisure Insurance Co. A contractual liability...more

Paving The Way Forward: Automobile Claims and Diminished Value

The long awaited King et al v. Satchwell et al., 2013 ABPC 358, decision of the Honourable Judge Skitsko on diminished value has been released. This decision, argued by Field Law’s own Alex Yiu, has helped to clarify several...more

Kentucky Court Holds Insurer Established Diversity Jurisdiction

In its recent decision in Capitol Specialty Ins. Corp. v. IKO, Inc., 2013 U.S. Dist. LEXIS 167933 (E.D. Ky. Nov. 26, 2013), the United States District Court for the Eastern District of Kentucky had occasion to consider...more

New Jersey Court Holds That A Mediator May Not Also Serve As An Arbitrator

The New Jersey Appellate Division has held that an individual retained to serve as an arbitrator cannot act as a mediator and then return to the role of arbitrator. ...more

NJ Supreme Court Holds That Settlements Through Mediation Must Be Put In Writing

The New Jersey Supreme Court has held that “if the parties to mediation reach an agreement to resolve their dispute, the terms of that settlement must be reduced to writing and signed by the parties before the mediation comes...more

Reasoning Behind Punitive Damages Calculations Provided By California Appellate Court

Royal Oakes was quoted extensively in an Oct. 7, 2013, Claims Journal article, California Court Of Appeals Decision Provides Reasoning Behind Punitive Damages Calculations, about a significant insurance case where $19 million...more

5 Steps to Take Immediately After a Car Accident

Car accidents are devastating. Many victims are disorientated after an auto accident. In most cases, there is noticeable damage to the vehicles involved. Sadly, there may also be serious or fatal injuries to those...more

Argument Report: Illinois Supreme Court Hears Dramshop Act Case

With the Illinois Supreme Court asking somewhat fewer questions than it generally does, it was unclear how the Court might decide Rogers v. Imeri, the Dramshop Act case the Court heard last week. Rogers arises from...more

Illinois Supreme Court to Debate Dramshop Act Recovery Cap

Tomorrow morning, the Illinois Supreme Court will hear oral arguments in Rogers v. Imeri. Rogers poses the question when the Dramshop Act recovery cap applies and other defendants have settled, how is the maximum exposure of...more

California Court Reins in Massive Punitive Award But Finds Fault With Insurer’s Claims Handling

The California Court of Appeal, in a 2-to-1 decision, has reaffirmed the constitutional limitations on the amount of punitive damages a jury may award against an insurer. In Nickerson v. Stonebridge Life Insurance Company,...more

Indiana Supreme Court Permits Application of Equitable Estoppel Doctrine to Tort Claims Act Case

This first of two posts today addresses the Indiana Supreme Court decision to reinstate the case in Schoettmer v. Wright despite the plaintiffs having failed to file proper timely notice under the Indiana Tort Claims Act...more

The Supreme Court Defers to Plan Language in U.S. Airways, Inc. v. McCutchen

Summary - In U.S. Airways, Inc. v. McCutchen, the US Supreme Court recently considered whether certain equitable defenses override the terms of a welfare plan in a plan fiduciary's suit for reimbursement under §...more

Policy Observer - July 2013

Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more

Advanced Payments by Automobile Insurers

Automobile liability insurers in Alberta have long been permitted to offer advanced payments to injured claimants in part settlement of claims without admitting that the insurer or its insured has any liability. This bulletin...more

Henry v. Gore Mutual Insurance Company: The Court of Appeal considers attendant care benefits

When a mother stays home from work to care for her child who has been injured in a car accident, is she to be compensated only for the hours she has lost at work, or is the accident benefits insurer required to pay her for...more

Florida Legislature Allows Plaintiffs to Contest Their Reimbursement to Medicaid

Effective July 1, 2013, Florida’s Medicaid Third-Party Liability Act now provides a mechanism for recipients of Medicaid to challenge the amount they must reimburse Florida’s Agency for Healthcare Administration (AHCA) after...more

Changes to the PIP Law: The Fallout Begins

Last year, we wrote about the effect the new personal injury protection (PIP) law would be likely to have on a number of key players: insurance companies, law enforcement, Florida citizens, lawyers, and certain health care...more

Williston v Hamilton (Police Service), 2013 ONCA 296

An insurer who refuses to participate in a mediation requested by a plaintiff in respect of a motor vehicle accident claim continues to risk increased exposure to costs. The Ontario Court of Appeal recently repeated that...more

I've been in a car accident! Now what?

Many people who are injured in a car accident for the first time do not know where to go to ensure that they have the medical coverage they need to recover from their injuries. ...more

Injured Party Free to Pursue Medical Payments under Tortfeasor’s Policy After Settlement of Liability Claim

In a case of first impression, Barnes v. Western Heritage Ins. Co., ___ Cal.App.4th ___, 2013 Cal.App.LEXIS 480 (June 20, 2013), the California Court of Appeal, Third Appellate District, held the collateral source rules allow...more

Duty to Defend

An interesting decision was released by Ontario Superior Court Justice B. Glass on May 31, 2013 relating to an insurer’s duty to defend....more

Weekly Law Resume - July 3, 2013: Insurance Coverage – Medical Payments Claim Separate From Third Party Claim

Barnes v. Western Heritage - Court of Appeal, Third District (June 18, 2013)- Often, a policy of liability insurance (auto or general liability) will have a separate provision providing for medical payments under...more

Rogers Towers: First Thoughts on Recent Changes to Florida’s Economic Loss Rule

The Supreme Court of Florida recently blurred the lines between contract and tort law in a case involving breach of contract and negligence claims between an insured and its insurance broker. The Court used this vehicle to...more

226 Results
|
View per page
Page: of 10

Follow Civil Remedies Updates on: