Personal Injury, Business Torts, Insurance

California To Draw The Lines In Disparagement Liability

by Tyler Gerking | Farella Braun + Martel LLP on 5/15/2013

The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more

Increasing trend towards blanket notifications means companies should consider early notification of claims: Baker & McKenzie

by Leigh Duthie, Alex Hartmann | Baker & McKenzie Australia on 5/9/2013

There is an increasing trend in the UK towards accepting a blanket notification of claims, or circumstances that might give rise to a claim, as valid notification under an insurance policy. Australian companies should...more

Missouri Court of Appeals Joins Majority of Federal Courts in Holding the Prohibition Against Evidence of Subsequent Remedial...

by Williams Venker & Sanders on 4/25/2013

In a matter of first impression, the Missouri Court of Appeals for the Eastern District has held the exclusionary rule barring evidence of subsequent remedial measures does not apply when the remedial measure was implemented...more

Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

by Pavlack Law, LLC on 4/13/2013

This week we discuss the Indiana Court of Appeals decision State Farm Fire & Casualty Co. v. Radcliff that upheld one of the largest verdicts – $14.5 million – ever obtained in a defamation case in United States history....more

NJ’s Bad Faith Legislation Stemming From Superstorm Sandy Needs Emergency Relief

by Ryan Chapoteau, Jeffrey Winn | Sedgwick LLP on 3/20/2013

In the wake of Superstorm Sandy, the New Jersey Legislature is considering the passage of A370, which will enable policyholders to sue insurers for bad faith based on a single alleged violation of the New Jersey Insurance...more

Finding Bad Faith in Kentucky Requires Evidence of Outrageous Conduct By Insurer

by Alicia Curran, Tracy Eggleston | Cozen O'Connor on 2/13/2013

In its recent decision in Powell v. Cherokee Insurance Company, Case No.: 5:09-CV-00205, the U.S. District Court for the Western District of Kentucky reaffirmed that in a third-party bad faith lawsuit alleging failure to...more

Practical Implications Of Howell v. Hamilton Meat

by Robert Freedman - Partner at Tharpe & Howell,... on 1/7/2013

The collateral source rule in a personal injury action or tort claim generally prevents the admission of evidence that the plaintiff will be compensated from a source other than the defendant for his/her injuries. This rule...more

Practical Implications Of Howell v. Hamilton Meat

by Peter Bauman - Senior Associate at Tharpe &... on 12/17/2012

The collateral source rule in a personal injury action or tort claim generally prevents the admission of evidence that the plaintiff will be compensated from a source other than the defendant for his/her injuries. This rule...more

Valuing A Litigation Claim

by Peter Bauman - Senior Associate at Tharpe &... on 12/14/2012

Law firms are increasingly using a multitude of factors to value cases. Valuation provides the parties a better means to identify the issues in litigation, discuss which ones are in dispute, and calculate a logical...more

Office Parties: Celebrate the Season Without Getting Sued!

by Tammy Ensslin on 11/29/2012

It’s that time of year! Tis the season for toasts and traditions, presents and parties, secret Santa’s and sexual harassment, lawyers and lawsuits. . . Wait, what? Unfortunately, it’s true. Santa is not...more

Appellate Court Clarifies Standard In Bad Faith Insurance Cases

by Samster, Konkel & Safran, S.C. on 10/24/2012

The Court of Appeals of Wisconsin issued a decision setting forth the requirements for a bad faith insurance claim. Back in 2007, a driver sustained alleged injuries after his vehicle collided with another vehicle without any...more

Ninth Circuit Holds No Duty to Defend Anxiety Claim

by Traub Lieberman Straus & Shrewsberry LLP on 9/28/2012

In its recent decision in Conley v. First Nat'l Ins. Co. of America, 2012 U.S. App. LEXIS 20281 (9th Cir. Sept. 27, 2012), the United States Court of Appeals for the Ninth Circuit had occasion to consider whether under...more

Ninth Circuit Holds That Interpleader Does Not Shield Insurer From Independent Tort Liability

by Manatt, Phelps & Phillips, LLP on 8/6/2012

The Ninth Circuit recently joined its sister circuits to find that the federal interpleader remedy does not limit an insurer's independent tort liability for damages directly and proximately caused by its conduct. Lee v. West...more

Weekly Law Resume - July 12, 2012: Insurance Bad Faith – Refusal to Make Settlement Offer

by Low, Ball & Lynch on 7/27/2012

Yan Fang Du, et al. v. Allstate Insurance Company, et al. United States Court of Appeals, Ninth Circuit (June 11, 2012) California courts are unclear on whether an insurer may be liable for bad faith unreasonable...more

Liability Insurers Owe No Duty To Defend Insureds Alleged To Have Engaged In A Corrupt Scheme To Incarcerate Youth Offenders For...

by Sedgwick LLP on 6/28/2012

In a pair of opinions filed on June 20 and 21, 2012, the Third Circuit Court of Appeals emphasized Pennsylvania’s “firmly established” public policy against providing insurance coverage for criminal and other intentional...more

Insurers Can’t Wait Around for Settlement Offer If Liability Is Clear (the Ninth Circuit Addresses Bad Faith, part 1)

by Farella Braun + Martel LLP on 6/27/2012

When the liability of its insured is clear, must an insurer proactively attempt to settle a claim within policy limits in order to avoid bad faith liability? Or is it sufficient to wait until a reasonable settlement offer is...more

Bad Faith Sentinel - June 2012

by Saul Ewing LLP on 6/26/2012

In This Issue: - Court of Appeals of Florida Grants Summary Judgment in Favor of Insurer on Bad Faith Failure To Settle Claim pages 1 - 2 - Illinois Court of Appeals Discusses Importance of Notice to the Insured...more

6 Reasons to Hire Personal Counsel

by Christina Dixon on 6/9/2012

Many small to medium-sized business purchase commercial general liability insurance or some other type of business insurance to protect the business against claims or lawsuits. In exchange for premium payments by the...more

Six Reasons to Hire Personal Counsel

by Christina Dixon on 6/9/2012

Many small to medium-sized business purchase commercial general liability insurance or some other type of business insurance to protect the business against claims or lawsuits. In exchange for premium payments by the...more

Eighth Circuit Addresses Personal Injury Offense of Malicious Prosecution

by Traub Lieberman Straus & Shrewsberry LLP on 5/15/2012

In its recent decision in Genesis Ins. Co. v. City of Council Bluffs, et al., 2012 U.S. App. LEXIS 9577 (8th Cir. May 11, 2012), the United States Court of Appeals for the Eighth Circuit, in a matter of first impression under...more

NEW LAW CHANGES RULE GOVERNING REMOVAL OF MATTER FROM STATE COURT TO FEDERAL COURT

by Erik Anderson on 5/1/2012

On January 6, 2012, the Federal Courts Jurisdiction and Venue Clarification Act (“Act”) of 2011 , came into effect. The Act as a whole brought changes to Federal statues affecting venue, removal and jurisdiction. The...more

APPELLATE DIVISION HOLDS THAT LIABILITY POLICY OF TENANT DOES NOT PROVIDE COVERAGE FOR LANDLORD AND ITS REAL ESTATE MANAGER

by Erik Anderson on 5/1/2012

The Appellate Division in Cambria v. Two JFK BLV, LLC, et. al. (423 N.J. Super 499) was called upon to determine whether the trial court properly found that the landlord and its real estate manager were additional insured...more

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Personal Injury › Business Torts › Insurance

California To Draw The Lines In Disparagement Liability

Increasing trend towards blanket notifications means companies should consider early notification of claims: Baker & McKenzie

Missouri Court of Appeals Joins Majority of Federal Courts in Holding the Prohibition Against Evidence of Subsequent Remedial...

Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

NJ’s Bad Faith Legislation Stemming From Superstorm Sandy Needs Emergency Relief

Finding Bad Faith in Kentucky Requires Evidence of Outrageous Conduct By Insurer

Practical Implications Of Howell v. Hamilton Meat

Practical Implications Of Howell v. Hamilton Meat

Valuing A Litigation Claim

Office Parties: Celebrate the Season Without Getting Sued!

Appellate Court Clarifies Standard In Bad Faith Insurance Cases

Ninth Circuit Holds No Duty to Defend Anxiety Claim

Ninth Circuit Holds That Interpleader Does Not Shield Insurer From Independent Tort Liability

Weekly Law Resume - July 12, 2012: Insurance Bad Faith – Refusal to Make Settlement Offer

Liability Insurers Owe No Duty To Defend Insureds Alleged To Have Engaged In A Corrupt Scheme To Incarcerate Youth Offenders For...

Insurers Can’t Wait Around for Settlement Offer If Liability Is Clear (the Ninth Circuit Addresses Bad Faith, part 1)

Bad Faith Sentinel - June 2012

6 Reasons to Hire Personal Counsel

Six Reasons to Hire Personal Counsel

Eighth Circuit Addresses Personal Injury Offense of Malicious Prosecution

NEW LAW CHANGES RULE GOVERNING REMOVAL OF MATTER FROM STATE COURT TO FEDERAL COURT

APPELLATE DIVISION HOLDS THAT LIABILITY POLICY OF TENANT DOES NOT PROVIDE COVERAGE FOR LANDLORD AND ITS REAL ESTATE MANAGER

APPELLATE DIVISION HOLDS THAT PLAINTIFF’S LACK OF DUE DILIGENCE BARS REPLACING ‘JOHN DOE’ DEFENDANT WITH ACTUAL PARTY

New York Court Holds Negligent Supervision Claim Triggers Defense

Should the insurers pay?

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