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New California Law Sets the Stage for Insurance Regulation of Uber, Lyft

The emergence and success of ridesharing companies has sparked questions and debates over the gaps in insurance coverage created when private drivers offer commercial driving services. Ridesharing companies – such as Lyft,...more

California Insurance-Related Bills Signed into Law

September 30, 2014, was the deadline for Governor Jerry Brown to take action on bills passed by the California Legislature during the 2014 regular legislative session. Here are summaries of noteworthy insurance-related bills...more

Dealing With Shipping Companies: A Consistent Challenge for Manufacturers/Distributors

One of the most important things for a manufacturer/distributor is ensuring that its products are shipped in a reliable fashion so they arrive on time and in good condition. Similarly, manufacturers rely heavily on shipping...more

Expect tort potholes for self-driving cars

While self-driving cars have the potential to significantly reduce auto accidents and injuries, autonomous and semi-autonomous vehicles do not fit neatly into the current motor vehicle and insurance regulatory regimes....more

New Ridesharing Legislation Highlights Insurance Uncertainty in Emerging Industries

Managing a company’s exposure to new types of risks is often a complicated endeavor. We’ve previously reported on the uncertainty that can arise when existing coverage models are applied to a new risk—such as losses arising...more

New Insurance Regulations for Transportation Network Companies

The insurance requirements for transportation network companies operating in California, including Uber, Lyft and Sidecar, were increased under an amendment signed last week by Gov. Jerry Brown. The law requires drivers of...more

If it doesn’t matter, pay up! The High Court keeps a broad interpretation of Section 54

Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 - The High Court today handed down a decision concerning Section 54 (1) of the Insurance Contracts Act. The decision is important for many insurers, particularly those...more

Maxwell v Highway Hauliers – High Court Judgment Delivered – s54 does its work

The long awaited judgment of Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 was delivered by the High Court of Australia only moments ago....more

English Appellate Court Dismisses Appeal Of Judgment Declaring No Liability Under A Cargo Liability Reinsurance Policy

A judgment found that certain Lloyd’s reinsurers were not liable to cover the destruction of cargo on board a vessel that capsized in the Philippines during a Typhoon. The trial court relied on a typhoon warranty clause...more

Bill Introduced to Congress Which Establishes National Hiring Standards for Motor Carriers

The recent introduction of H.R. 4727 in the House of Representatives marks the first step toward insulating freight brokers and third-party logistics providers (3PLs) from claims by plaintiffs who seek an alternate source for...more

"The Emergence of Uber, Lyft and Sidecar in North Carolina: An Overview of Key Legal Distinctions Between Digital Dispatch...

By now, most people have at least heard of Uber, Lyft, Sidecar and other modern taxicab alternatives, even if they have not experienced for themselves the innovative services that enable customers to virtually “hail a ride”...more

Which Insurance-Related Bills Met the California Deadline for Passage?

The deadline for California Assembly and Senate bills to pass their respected houses was May 30, 2014. Bills that met the deadline are eligible for enactment this year. ...more

CPUC Wants To Revisit Rideshare Insurance Regulations, — to the Chagrin of Lyft and Uber

The California Public Utilities Commission is looking to reconsider the regulations it set in 2013 on the issue of insurance coverage for rideshare companies that connect drivers and passengers via their mobile devices. The...more

Understanding Supplemental Spousal Liability Insurance in NY [Video]

Can I Sue If My Spouse Was a Negligent Driver? Distracted driving is emerging as one of the greatest dangers on the road today. People who text, check their cellphones, apply makeup, or even adjust the radio are...more

Florida’s False Claims Act – Did You Know It Changed Last Year?

In June 2013, Florida’s legislature significantly amended Florida’s False Claims Act, Fla. Stat. §§ 68.081-68.092 (“FFCA”), effective July 1, 2013. Although these amendments have not received much publicity or commentary,...more

Insurance and Reinsurance Newsletter: Claims Settlement: English Commercial Court Considers Lead Underwriter's Duties To Following...

In San Evans Maritime Inc and others v Aigaion Insurance Co SA1, the English Commercial Court considered whether the following underwriter was obliged to follow the settlement of the lead underwriter on one policy, in...more

Capital Thinking: Homeland Security

House GOP Discusses immigration and Border Security at Retreat - At the House GOP’s annual retreat on January 30-31, the caucus debated a broad set of immigration and border security principles drafted by House...more

Capital Thinking: Homeland Security

Homeland Security Nominations - The Senate Homeland Security and Government Affairs Committee held a nomination hearing for President Barack Obama’s nominee to become the next Inspector General of the U.S. Department of...more

Carrier's Website Does Not Limit Liability Under Carmack Amendment

A recent decision in District Court in New Jersey may interest insurers subrogating transportation claims. In particular, it sets forth the legal argument to challenge target-carriers’ arguments about purported limitations of...more

Florida Business Litigation Update: The Carmack Amendment Preempts Virtually Everything

The Carmack Amendment to the Interstate Commerce Act established a uniform national policy for interstate carriers’ liability for property loss. 49 U.S.C. § 14706. Under Carmack, while a carrier is generally liable for the...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

Placing Your Aircraft with an Aircraft Charter-Management Company

The management, operation and maintenance of a business aircraft is a complex and expensive undertaking. Although some aircraft owners may be able to hire experienced pilots and mechanics, a good charter-manager brings...more

Connecticut General Assembly Passes Law Exempting Certain Truck Drivers from Unemployment Insurance Coverage

On June 1, 2013, the Conncticut General Assembly passed legislation that exempts certain commercial truck drivers from Connecticut’s unemployment law. It amends Connecticut General Statutes § 31-222(a)(5), relating to...more

Your Employee is Driving Drunk in a Company Vehicle and Causes an Accident...Will the Employer be Subject to Punitive Damages?

Hopefully, it will never happen to you. But, what if the call comes in that an employee driver has been involved in an accident, in a company vehicle, and he/she is intoxicated.  In Kentucky, and many other states, drunk...more

Government Relations And Lobbying Insight: Dramatic 2013 Legislative Session Adjourns

In dramatic fashion, and with some historic footnotes, the 2013 Minnesota Legislature concluded its work last week....more

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