General Business Personal Injury Civil Procedure

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The Fifth Circuit Forecasts Mississippi Law on Non-Contractual Indemnity

On May 5, 2016, the Fifth Circuit forecasted whether a non-contractual indemnity claim under Mississippi law should be premised on agency or tort theory. In David v. World Marine, L.L.C., No. 15-30464, 2016 WL 2609791, 2016...more

Defence & Indemnity - April 2016: II. LIABILITY ISSUES

Where an owner consents to possession of a vehicle to the driver, conditions on that consent do not bind third parties who are injured or suffer loss. Fernandes v. Araujo, 2015 ONCA 571 [4179]...more

Illinois Federal Court Transfers “Late Notice” Reinsurance Dispute To Pennsylvania

R&Q Reinsurance Company issued a facultative reinsurance certificate to St. Paul Fire & Marine Insurance Company, which reinsured a policy issued by St. Paul to Walter E. Campbell, Co. The broker who placed the certificate...more

NY High Court’s ‘All Sums’ Allocation Ruling in Viking Pump is a Game Changer

On May 3, 2016, New York’s high court took a giant step forward in protecting policyholders facing latent injury claims, allowing them to avoid multiple deductibles, retentions and insolvent coverage. In the Matter of Viking...more

New York’s Highest Court Rules in Favor of “All Sums” and Vertical Attachment in Certified Question from Delaware Supreme Court

In the recent decision of Viking Pump, Inc., et al. v. TIG Insurance Co., et al., 2016 N.Y. LEXIS 1018 (N.Y. May 3, 2016), the New York Court of Appeals (New York’s highest court), on questions certified by the Delaware...more

Eighth Circuit Holds Insureds’ Miller-Shugart Agreement Breached Policy’s Cooperation Clause

In its recent decision in American Family Mut. Ins. Co. v. Donaldson, 2016 U.S. App. LEXIS 7499 (8th Cir. Apr. 26, 2016), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, had occasion to...more

The Ink Isn’t Dry

What rights based in copyright law does a tattoo artist have in a tattoo itself, and to what extent can an artist use those rights to restrict the rights of others, including the people whose skin has been inked?...more

Settling Parties Beware: Failing to Provide Notice to Your Insurer Before Settling May Doom Your Chance of Recovery

On April 25, 2016, the Colorado Supreme Court issued a decision in Travelers Prop. Cas. Co. v. Stresscon Co. Stresscon, a subcontracting concrete company, entered into a settlement agreement – without providing notice to its...more

Pulido v. AAA Insurance, Defense Verdict Obtained by Jones Skelton & Hochuli

Michael Halvorson and David Potts, attorneys at Jones, Skelton & Hochuli, obtained a defense verdict in favor of AAA Members Insurance Company in a two-week trial concerning a pedestrian-vehicle accident near Pinnacle High...more

Seventh Circuit Rejects Plaintiffs’ Chain-of-Causation Theory of Personal Jurisdiction

Although spring-break season is officially over, a recent Seventh Circuit decision offers a lesson to vacationers: When choosing your next vacation destination, make sure it’s somewhere you would be willing to visit again....more

Florida Supreme Court Holds that UM Insured is Entitled to Liability Determination and Full Extent of Damages Before Filing a Bad...

Petitioner Adrian Fridman (“Fridman”) was injured in an automobile accident involving an underinsured motorist. Fridman filed a claim with his uninsured/underinsured (UM) insurance carrier (Insurer) for the $50,000 limits of...more

Location, Location, Location: Fraud Suit Filed Against Anheuser-Busch Over 'Abbey' Beer

As anyone in real estate will tell you, location matters. Apparently, location also matters when it comes to selecting a beer. Recently, a purchaser of Leffe Beers brought a class action lawsuit in Florida federal court...more

Georgia Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Injury

In its recent decision in Georgia Farm Bureau Mut. Ins. Co. v. Smith, 2016 Ga. LEXIS 245 (Ga. Mar. 21, 2016), the Supreme Court of Georgia had occasion to consider whether under Georgia law, the pollution exclusion applies to...more

Massachusetts Court Holds Insured Contract Does Not Compel a Duty to Defend

In its recent decision in Jiminy Peak Mountain Resort, LLC v. Wiegand Sports, 2016 U.S. Dist. LEXIS 34209 (D. Mass. Mar. 16, 2016), the United States District Court for the District of Massachusetts had occasion to consider...more

Defence & Indemnity - February 2016: Liability Issues: A sports liability waiver provides an effective defence in a fitness...

Urbanson v. Western Canadian Place, 2016 ABQB 32, per Master Prowse - I. FACTS AND ISSUES - The Plaintiff was injured while using a treadmill that malfunctioned. She sued HSG Health Systems Group Limited as the...more

Defence & Indemnity - February 2016: A passenger who grabs the steering wheel is involved in the “use” or “operation” of the...

Felix v. Insurance Corporation of British Columbia, 2015 BCCA 394, per Bennett J., Saunders J. and Stromberg-Stein J. - I. FACTS AND ISSUES - The plaintiff (“Felix”) was driving her car with her intoxicated...more

Defence & Indemnity - February 2016: “Dependent Relative” in an SEF 44 policy requires proof of financial dependence

Bilg v. Unifund Assurance Company, 2015 ABQB 779, per Pentelechuk, J. - I. FACTS AND ISSUES - The plaintiffs Gurchet Singh Bilg (“Gurchet”), Harkamal Singh Rasode (“Harkamal”) and Sukhsimrit Singh (“Suksimrit”) were...more

Defence & Indemnity - February 2016: Insurance Issues: Portage LaPrairie Mutual Insurance Company v. Sabean, 2015 NSCA 53, per...

Future CPP benefits fall under the definition of “any policy of insurance” and are therefore deductible from amounts payable by SEF 44 insurers - Portage LaPrairie Mutual Insurance Company v. Sabean, 2015 NSCA 53, per...more

Court Flexes its Muscle to Strengthen the Enforceability of Liability Waivers

The court pointed out that the membership agreement instructed the plaintiff to refrain from signing it until reading the entire agreement, pronounced that the terms of the agreement were contained on both sides of the...more

Court Rules In Favor Of An Attorney Regarding Claims Arising From A Conflict of Interest

In Fitts v. Richards-Smith, three brothers were riding in a car when the car hit another vehicle properly stopped in the road. 2016 Tex. App. LEXIS 1542 (Tex. App.—Texarkana February 17, 2016, no pet. history). The driver was...more

Montanile v. Board of Trustees: A New Model for Recovery

At times, money may be owed back to the benefit plan which paid benefits to or on behalf of a participant. For example, most health plans include a right to recover from a third party recovery amounts the plan paid. In the...more

Murray v. Farmers Insurance Company

Murray v. Farmers Insurance Company Arizona Court of Appeals, Division Two, January 19, 2016 - Court of Appeals Addresses Insurance Agent Negligence Claim; Plaintiff May Claim Emotional Damages - For years, the...more

Railroad Commission Not Off the Hook for Plugging the Wrong Well

“You are my friend, kind of.” Hush Puppy, as she stares down the Aurochs in Beasts of the Southern Wild. Is our “friend” the Texas Railroad Commission? Gulf Energy bought a package of offshore wells out of bankruptcy....more

Court of Appeals Addresses Insurance Agent Negligence Claim; Plaintiff May Claim Emotional Damages

For years, the Murrays bought minimum limits vehicle insurance, including minimum UM/UIM from agent Jones. Then they gradually began increasing their limits. They testified that when they discussed UM/UIM coverage with Jones,...more

New Hampshire Supreme Court Holds Excess Insurer Has No Duty to Defend

In its recent decision in Old Republic Ins. Co. v. Stratford Ins. Co., 2016 N.H. LEXIS 8 (N.H. Jan. 26, 2016), the Supreme Court of New Hampshire, addressing a question certified by the United States Court of Appeals for the...more

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