Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
Civil Sexual Assault Episode 3: Challenges Facing Survivors Seeking Redress Through the Civil Courts
The Keys to Assessing Sexual Abuse Claims - Civil Sexual Assault Episode 2
Civil Sexual Assault: Options for Redress
What happens if more than one person is responsible for an accident?
Catastrophic Impairment: What it means and why it's important to you if you've been hurt in a car accident
What is Subrogation and How Does it Affect Settlement Amounts?
Superman's Legal Duty
Gene Grabowski on Pharmaceutical & Medical Devices
Best Practices: Institutional Response to Sexual Misconduct (Podcast)
What Money Damages Are Available In A Personal Injury Claim?
Do you know the restrictions for a probationary driver in New Jersey?
Car Accidents and the Things You Need to Know
Webinar: Investigating and Resolving Sexual Assaults on Campus
Lessons from Amusement Park Safety Concerns: An Integrated Approach to Business Regulation
Money Talks: Safe Places & Breach of Security (Part I)
As a matter of first impression under Pennsylvania law, the court in Shannon v. New York Central Mutual Insurance Company, No. 13-cv-1432 (M.D. Pa. Nov. 20, 2013) denied a motion to strike an insurer’s defense of “bad faith...more
Barger & Wolen LLP Secures Summary Judgment On Behalf of Client -
District Court Reaffirms “Genuine Dispute Doctrine,” Precludes Bad Faith Claim:
LOS ANGELES –On November 29, 2013, United States District Court...more
In its recent decision in Capitol Specialty Ins. Corp. v. IKO, Inc., 2013 U.S. Dist. LEXIS 167933 (E.D. Ky. Nov. 26, 2013), the United States District Court for the Eastern District of Kentucky had occasion to consider...more
There has been a long debate as to whether the proper approach to determining liability in ‘negligent valuation’ cases is to focus on whether the valuer was negligent in (a) the way in which they went about their task (that...more
In This Issue:
- Excerpt from Reports:
Australia. Private Health Insurance Administration Council -
13 November 2013 - Industry consultation – Second round...more
In its recent decision in RSUI Indem. Co. v. American States Ins. Co., 2013 U.S. Dist. LEXIS 161805 (E.D. La. Nov. 13, 2013), the United States District Court for the Eastern District of Louisiana had occasion to consider the...more
The California Court of Appeal in Reid v. Mercury Insurance Company [(2013) 220 Cal.App.4th 262 (rehearing denied November 6, 2013)] found no California authority “standing for the proposition that there is a duty to settle...more
Swanson v. State Farm General Insurance Company -
Court of Appeal, Second District (September 23, 2013) -
When an insurer reserves its rights on a given issue, and the outcome of that coverage issue can be...more
In Murray’s Transport NSW Pty Ltd v CGU Insurance Limited  SASFC 100 (Murray’s Case), CGU was unsuccessful in resisting direct action by Mr Murray, the Plaintiff/Appellant pursuant to section 51 of the Insurance...more
DLA Piper recently acted for LawCover a ‘section 6' case- Registrar-General of NSW v LawCover  NSWSC 1471. The Supreme Court of NSW was asked to examine section 6 of the Law Reform Miscellaneous Provisions Act 1946...more
Limitations on liability and disclaimers of damages for breach of contract claims are commonplace in outsourcing, licensing and procurement agreements. These provisions can create contentious negotiations as the parties seek...more
The New Jersey Appellate Division has held that an individual retained to serve as an arbitrator cannot act as a mediator and then return to the role of arbitrator.
The New Jersey Supreme Court has held that “if the parties to mediation reach an agreement to resolve their dispute, the terms of that settlement must be reduced to writing and signed by the parties before the mediation comes...more
In Reid v. Mercury Insurance Co., __ Cal. Rptr. 3d ___, 2013 WL 5517979 (Cal. Ct. App. Oct. 7, 2013), the California Court of Appeals held that an insurer cannot be found liable for bad faith failure to settle within the...more
The United States District Court for the Southern District of California recently considered whether the carrier’s late payment of the insureds’ economic damages eliminated a claim for bad faith and held that it does not....more
On October 7, 2013, the California Court of Appeal for the Second Appellate District held in Reid v. Mercury Insurance Company that an insurer that acknowledged its insured’s liability for a third party’s injuries and...more
In its recent decision in Vermont Mut. Ins. Co. v. Zamsky, 2013 U.S. App. LEXIS 20569 (1st Cir. Oct. 9, 2013), the United States Court of Appeals for the First Circuit, applying Massachusetts law, had occasion to consider...more
In Toongabbie Collision Pty Ltd (In Liquidation) (Trading as Autoworks Collision Centre) v CGU Insurance Limited  NSWSC 1409, the Supreme Court of New South Wales granted leave to the director of the liquidated company...more
Virginia Federal Court Rules Under D&O Policy that Search Warrant and Subpoena Trigger Defense Obligation Even Without A Formal Complaint or Demand -
Why it matters: With increasing governmental investigations relating...more
With the Illinois Supreme Court asking somewhat fewer questions than it generally does, it was unclear how the Court might decide Rogers v. Imeri, the Dramshop Act case the Court heard last week.
Rogers arises from...more
Progressive Choice Insurance Co. v. California State Automobile Association Inter-Insurance Bureau -
California Court of Appeal, Second Appellate District (August 12, 2013)-
Insurance Code Section 11580.2, the...more
Two recent decisions from FSCO have found that an Insurer’s request for a neuropsychological assessment is reasonably necessary and fair. The factors to consider in making this determination include...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
This first of two posts today addresses the Indiana Supreme Court decision to reinstate the case in Schoettmer v. Wright despite the plaintiffs having failed to file proper timely notice under the Indiana Tort Claims Act...more
The New Jersey Supreme Court has issued a ruling in Willingboro Mall v. Franklin Avenue, LLC that when settlement is reached at a mediation, the terms of the settlement must be memorialized in writing before the mediation...more