Insurance Personal Injury

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Stadium Owners Watching Closely To See if Insurer Fumbles Reggie Bush Claim

San Francisco 49ers running back Reggie Bush reportedly intends to sue the city of St. Louis after slipping on a concrete surface behind the St. Louis Rams’ bench during a recent game, injuring his knee and ending his season....more

New York Court Holds Dog Attack Was a Single Occurrence

In its recent decision in Verlus v. Liberty Mut. Ins. Co., 2015 U.S. Dist. LEXIS 153908 (S.D.N.Y. Nov. 12, 2015), the United States District Court for the Southern District of New York had occasion to consider the issue of...more

Appellate Court Notes

SC19309 - Staton v. Commissioner of Correction - SC19195 - Campos v. Coleman - SC19195 Dissent - Campos v. Coleman - In a 4-3 split decision the Court insured that the cost of living will be going up in...more

Yet ANOTHER Disappointed “Additional Insured”

The retail giant Costco joined the ranks of disappointed “Additional Insureds” the other day in a California Court of Appeals case, Costco Wholesale Corp. v. Tokio Marine and Nichido Fire Ins. Co. Ltd., which left Costco and...more

Health Alert (Australia) - November 2, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Australian Capital Territory 29 October 2015 - In the matter of ER (Mental Health and Guardianship and...more

What If We Have Too Much Water: El Niño and Flood Damages

If recent weather forecasts hold true, we can expect an El Nino this rainy season. And with an El Nino comes flooding and related litigation. As counter-intuitive as it may be during this drought, it makes sense for...more

Florida Supreme Court Rules Defendants May Not Admit Evidence of Potential Collateral Source Benefits Provided by Social...

In John Joerg, Jr., etc., et al. v. State Farm Mutual Automobile Insurance Co., No. SC13-1768 (October 15, 2015), the Florida Supreme Court held that defendants are precluded from introducing evidence regarding collateral...more

Illinois Court: Multi-year Policy Limits Applied To Entire Policy Period, Not Annually, And Payments For Potentially Covered...

An Illinois trial court recently addressed the issue of whether an insurer exhausted its limits of liability in paying nearly $90 million for an insured’s defense and indemnity associated with asbestos bodily injury claims. ...more

Health Alert (Australia) - October 19, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments New South Wales (NSW) 12 October 2015 - Klewer v Sydney Children’s Hospital Specialty Network [2015] NSWSC...more

If not “determinative,” then at least compelling: Other, specific exclusionary language available on market undermines...

Recently, in a non-precedential order, an Illinois appellate court correctly held that a “Pollution and Health Hazard Exclusion” in a commercial general liability policy did not preclude coverage for mold-related bodily...more

Insurance Coverage – Bad Faith – Duty to Defend Multiple Policies

21st Century Insurance Co. v. The Superior Court of San Bernardino County - Court of Appeal, Fourth District (September 10, 2015) - Typically, where an insurer is defending an action, it is not bound by any...more

New York Court Holds Disclaimer Letter Untimely

In its recent decision in Endurance American Specialty Ins. Co. v. Utica First Ins. Co., 2015 N.Y. App. Div. LEXIS 7272 (N.Y. 1st Dep’t Oct. 8, 2015), the New York Appellate Division, First Department, reinforced the rule...more

Virginia Supreme Court Expands Scope of UM/UIM Coverage

In an opinion issued on September 17, 2015, Est. of Slone v. Selective Ins. Co. of America, et al., the Virginia Supreme Court effectively expanded the scope of UM/UIM coverage in Virginia. Slone was filed as a declaratory...more

Your Data Breach Collided With My Personal Injury Coverage

Editors at Wired magazine recently engaged in a year-long project to develop a means to hack the onboard computer of a Jeep, and override the driver’s control of several critical vehicle functions. According to a disturbing...more

Second Circuit Holds Auto Collisions Caused by Multiple Occurrences

In its recent decision in Nat’l Liab. & Fire Ins. Co. v. Itzkowitz, 2015 U.S. App. LEXIS 16763 (2d Cir. Sept. 22, 2015), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to...more

Texas Supreme Court Declines Opportunity to Review Appellate Decision Clarifying Insurer’s Settlement Obligations In...

Last year in Patterson, et al. v. Home State County Mut. Ins. Co., 2014 Tex. App. LEXIS 4460, 2014 WL 1676931 (Tex.App., Apr. 24, 2014), the Texas First Court of Appeals (Houston) held that an insurer was not obligated to...more

“Physical Contact” is required in order to make an Uninsured Motorist Claim!

Los Angeles Uninsured and Underinsured Motorist attorney Barry P. Goldberg is regularly confronted with issues which implicate the use of Uninsured/Underinsured Motorist Coverage. It is very common that an unidentified “hit...more

Supreme Judicial Court Affirms Award 0f $2,250,000 plus Interest Against Insurer for Breach of Duty to Defend and Settle — on...

In Boyle v. Zurich American Insurance Company, SJC-11791 (Sept. 14, 2015), the Supreme Judicial Court (SJC) affirmed an award of $2,250,000 plus interest against an insurer for failing to defend its insured on a $50,000...more

A Judgment After an Adversarial Trial is Still Needed to Obtain Amounts Above the Policy Limits

Woodland Hills personal injury attorney Barry P. Goldberg is always looking for creative ways to obtain as much as possible for his clients. It has become more common that the value of the plaintiff’s injuries easily exceed...more

California Appellate Court Reaffirms Protection Against Stipulated Judgments

In 21st Century Ins. v. Superior Court (No. E062244; filed 9/10/15), a California appeals court confirmed that a defending insurer is not bound by a stipulated judgment entered without its consent, and the fact that the...more

Court of Appeals of Wisconsin: Insured Must Be “Made Whole” For Total Loss Before Insurer Can Recover Subrogated Funds

Dufour v. Progressive Classic Ins. Co., No. 2014AP157, 2015 WL 4275292 (Wis. Ct. App. July 16, 2015). The Court of Appeals of Wisconsin reverses the Circuit Court for Dodge County and remands for proceedings on damages...more

Gambrell v. IDS Prop. Cas. Ins. Co.


Eastern District of Pennsylvania: Insureds’ Negligence And Unfair Trade Practices Claims Against Adjusters Are Colorable Under...

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more

The Buck Stops Over There: Have Indemnitors Become the Insurers of First and Last Resort?

Insurance and indemnity are the primary risk management strategies on construction projects. Insurance, such as commercial general liability insurance, insures against third party claims for bodily injury and property damage,...more

The Fourth Appellate District Breaks With Wagner Regarding the Statute of Limitations in Express Indemnity Claims

Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido, Inc. - Court of Appeal, Fourth Appellate District (July 2, 2015) - The Appellate Court reviewed three issues on appeal in this case. First,...more

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