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Hartford Casualty Insurance Co. v Swift Distribution, Inc. -
California Supreme Court (June 12, 2014) -
Commercial liability policies provide coverage for “personal and advertising injury.” This term typically...more
The purpose of this article is to address potential issues and concerns that may arise between General Contractors (“GC”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as...more
In essence overruling a previous opinion from the courts of appeal, the Missouri Supreme Court has held that the Federal Employee Health Benefits Act (“FEHBA”) does not preempt Missouri law prohibiting the subrogation of...more
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
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
The 2013 Florida legislature wasted no time responding to the March 20 Supreme Court opinion in Wos v. E.M.A., 568 U.S. __ (2013)....more
In This Issue:
- TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL:
In its April 24, 2013 opinion, the...more
In Bird v. Best Plumbing Group, LLC and Farmers Insurance Exchange, Wash. No. 86109-9 (October 25, 2012), the Washington Supreme Court held that: (1) insurers have no constitutional right to a jury determination of whether...more
Can a plaintiff plead inconsistent theories of relief/liability, such as negligence (which is unintentional) and fraud (which is intentional), for any reason, including for the purpose of triggering insurance coverage?...more
At the next joint of a person who as suffered severe injures as a result af an accident it is compensation for non patrimonial damages suffered as a result of the event,which must also include the beat.Evidence of such damage...more
Oliver v. Smith, attached, is a “published” Court of Appeals opinion that extends the Supreme Court’s “good faith” standard established in the 2008 Odom v Wayne County decision, a case which I...more
This is a description of the Illinois Supreme Court's recent decision holding that the statutory caps on non-economic damages awarded in medical malpractice cases is unconstitutional as a violation of the separation of powers...more
The instant affirmation addresses three issues:
a) Whether VTL §388 is constitutional. Defendants CAB EAST LLC and JAGUAR CREDIT CORPORATION are vicariously liable under VTL §388 because the State and Federal Courts of...more
This Memorandum of Law was submitted in opposition to Defendants’ Cross-Motion for an Order granting Summary Judgment seeking an order that VTL §388 should be found unconstitutional. As stated herein and in the Affirmation...more
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