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Insurance Personal Injury

Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

UM, Wait a second! – Rekindled Exposure for Bad Faith Uninsured Motorist Claims in South Carolina

by Nexsen Pruet, PLLC on

Recently, the United States District Court held a plaintiff can maintain a claim for bad faith handling of Uninsured Motorists Coverage (“UM”) in the District of South Carolina. In Tucker v. Peerless Insurance Company, the...more

Defence & Indemnity - An Analysis of Insurance Case Law and Legislation - April 2017

by Field Law on

I. INSURANCE ISSUES - A. The Alberta Court of Appeal reiterated that policies cover insured perils but not pre-existing deficiencies in the property that are not caused by the peril, but only discovered as a result of...more

Eleventh Circuit Reaffirms There Is No Bad Faith Unless the Settlement Offer Fully Protects the Insured

by Cozen O'Connor on

Recently, the Eleventh Circuit, applying Georgia law, reaffirmed that an insurer cannot be liable for negligently failing to settle a case unless the settlement demand provides protection to the insured against all potential...more

Virginia Supreme Court Rules on UM Carriers’ Duty to Settle Prior to Judgment

by Sands Anderson PC on

Recently, in Ebenezer Manu v. GEICO Casualty Company, the Supreme Court of Virginia clarified the issue of when an insurance provider has a duty to offer a good faith settlement to its insured when the accident was the fault...more

Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess of the Policy...

by Cozen O'Connor on

The Third District Court of Appeals finding recently held that in certain circumstances, a third party can maintain a bad faith claim against an insurer even if the insured is not exposed to liability in excess of the policy...more

Trial Court Committed Error in Excluding Evidence of Future Affordable Care Act Benefits in Medical Malpractice Case

by Low, Ball & Lynch on

Cuevas v. Contra Costa County - First Appellate District, Division One (April 27, 2017) - In an ordinary personal injury lawsuit, a defendant may not introduce evidence of amounts the plaintiff received from insurance...more

A Shock to the System: Significant Changes to the Discount Rate Applicable to Personal Injury Damages Awards in England and Wales

by Sedgwick LLP on

On 27 February 2017, the Lord Chancellor and Minister of Justice announced significant changes to the Discount Rate applicable under the ‘Ogden Tables’ to the calculation of personal injury compensation payments and lump sum...more

UK: FCA 2017/2018 Business Plan - Sector priorities for general insurance

by Hogan Lovells on

In its recently published 2017/2018 Business Plan the FCA outlines its priorities for the general insurance sector over the coming year and beyond....more

The Supreme Court - April 18, 2017

by Dorsey & Whitney LLP on

Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149: The Office of Personnel Management (“OPM”) is authorized under the Federal Employees Health Benefits Act of 1959 (“FEHBA”), 5 U.S.C. §8901 et seq., to contract...more

When an Assault is not an Assault - Covered Up: SC District Court Denies Exclusion for Alleged Nightclub Assault and Battery

by Nexsen Pruet, PLLC on

In a recent United States District Court decision, the court denied the insurer’s motion for summary judgment as to its duty to defend and indemnify for an alleged assault and battery. The facts of Certain Underwriters at...more

An Owner May Lend a Vehicle with a Valid Prohibition Against Lending It to a Third Party

by Field Law on

If you loan your vehicle to someone, can you impose a condition that they not lend it on to an unknown third party? In the decade since Mugford v. Weber, the law has been that owners cannot put conditions on their consent to...more

March 2017: Insurance Litigation Update

In re Viking Pumps, Inc: Sowing Confusion for Insurers and Policyholders Alike. In May 2016, the New York Court of Appeals issued its decision addressing a question of first impression: how “anti- stacking” or...more

What to do when insurance companies insist on their case manager

by Michigan Auto Law on

An insurance company claim adjuster cannot override a car accident victim’s right to choose his or her own case manager. But that doesn’t mean some Michigan auto insurance companies won’t try to push hard to control an...more

Does the Motor Vehicle Exclusion in your Homeowners Policy apply in every case?

Woodland Hills personal injury lawyer Barry P. Goldberg has a critical expertise in analyzing both Auto and Homeowners policies. One of the more confusing areas is whether a Homeowners or Renters liability policy can somehow...more

Man Convicted of “Reckless Endangerment” in Drone Accident; Civil Suit Likely to Follow

by Cozen O'Connor on

On February 24, 2017, a Washington judge sentenced Paul M. Skinner to 30 days in jail and a $500 fine for “reckless endangerment” arising from the use of a personal drone. Skinner lost control of the two-pound drone during...more

Insurance Recovery Group News: Murtha Cullina Helps Policyholder Prevail Before Connecticut Appellate Court In Asbestos Coverage...

by Murtha Cullina on

In a significant Connecticut Appellate Court victory for policyholders, Murtha Cullina LLP helped Vanderbilt Minerals, LLC prevail in its coverage case against more than 20 of its insurance carriers, who had issued policies...more

Defence & Indemnity - February 2017: I. INSURANCE ISSUES A.

by Field Law on

I. INSURANCE ISSUES A. Where an insurer has failed to afford a defence to its insured and the insured is successful in bringing proceedings to enforce the insurer’s obligations, the court can and will award the insured a...more

Auto Dealership Liability for Accidents Occurring During Test Drives: How to Protect Your Dealership

by Jaburg Wilk on

Prospective car buyers are no different than the drivers we encounter daily on the road: some are skilled, some are not so skilled. Add to that the prospective buyer’s unfamiliarity with the vehicle they are test-driving,...more

Duggan’s new D-Insurance plans will be great for the auto accident lawyers, but terrible for everyone else

by Michigan Auto Law on

Does Mayor Duggan want to ‘repeal and replace’ Michigan’s auto No Fault law? Does Detroit Mayor Mike Duggan want to scrap Michigan’s auto No Fault law? Last night, during his State of the City address, the mayor...more

Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General...

by Jaburg Wilk on

In Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC, --- P.3d ----, 2016 WL 7508079, *1 (Ariz. Ct. App. Dec. 30, 2016), the Arizona Court of Appeals reversed the trial court’s grant of summary...more

CPP Disability Benefits: To Deduct or Not to Deduct

by Field Law on

The standard form SEF 44 endorsement (The Endorsement) was recently interpreted by the Supreme Court of Canada in the case of Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7. The Endorsement indemnifies an...more

Blog: Court of Appeal dismisses appeal by insurer relating to the operation of a notification clause

by Cooley LLP on

In Zurich Insurance PLC v Maccaferri Ltd [2016] EWCA Civ 1302 the Court of Appeal considered the notification provisions of a policy, held by the respondent (Maccaferri), which covered accidental death and personal injury...more

Defence & Indemnity - December 2016: I. INSURANCE ISSUES B.

by Field Law on

A vehicle owned by the insured or spouse, if insured, may be an “uninsured automobile” when taken without consent and therefore may be entitled to coverage under the O.P.C.F. 44R Endorsement as an “inadequately insured...more

Defence & Indemnity - December 2016: I. INSURANCE ISSUES A.

by Field Law on

A. An insured killed by a thief driving the insured’s vehicle is entitled to coverage under his S.P.F. 44 Endorsement, notwithstanding that one part of the definition of “inadequately insured motorist” purports to exclude...more

Insurance Coverage – “Other Insurance” Provisions Between Excess Carriers

by Low, Ball & Lynch on

Advent, Inc. v National Union Fire Ins. Co. of Pittsburgh, PA - Court of Appeal, Sixth Appellate District (December 6, 2016) - Historically, “other insurance” clauses in liability policies were designed to prevent...more

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