Personal Injury, Insurance

Historical Tort System Claim Values Cannot Be Reduced By "Nuisance" Settlements and "Implicit Defense Costs" To Determine Present...

by Timothy Durken on 5/22/2013

Delaware Bankruptcy Judge Judith Fitzgerald in the bankruptcies of Specialty Products Holding Corp. (a/k/a RPM, Inc.) and Bondex International, Inc. rejected the Debtors’ “novel” claim estimation approach that reduced from...more

ERISA Litigation Alert: Check Your Plan Subrogation and Reimbursement Language to Eliminate “Contractual Gaps”

by Richard Birmingham | Davis Wright Tremaine LLP on 5/21/2013

In U.S. Airways v. McCutchen, the U.S. Supreme Court upheld the ability of U.S. Airways’ health plan to recover medical expenses that it previously paid to the injured party from a third party settlement, but remanded the...more

There is No Coverage for Fighting in Alaska, Seriously

by Smita Mokshagundam | Sedgwick LLP on 5/20/2013

Late last month, the Supreme Court of Alaska affirmed the lower court’s decision in favor of an insurance company that denied coverage to insured, Kent Bearden, for liability in a civil suit filed by the victim of his...more

Discoverability of Documents in Insurance Bad Faith Claims

by Pavlack Law, LLC on 5/17/2013

This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family...more

California Leads Country in Number and Amount of Dog Bite Insurance Claims in 2012

by Demas Law Group on 5/17/2013

Much has been made recently regarding the reaction of the insurance industry to the high number of claims being filed in response to dog bite attacks. Some insurance companies are limiting the types of breeds that they will...more

Numbers Released That Could Explain Insurance Company’s Move to Not Cover Certain Dogs for Liability

by Demas Law Group on 5/15/2013

If you’re like millions of other Americans, you love dogs and you have at least one in your home that you keep as a pet and companion. You consider your dog a part of the family, and you include it in as many family...more

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

I have never been in so much pain. Why does my insurance company insist that I have suffered a “minor” injury?

by Marc A. Flisfeder | Lerners LLP on 5/14/2013

In September, 2010, the Statutory Accident Benefits Schedule (“SABS”) was amended to introduce the Minor Injury Guideline (“MIG”). Many people are surprised to hear that their injuries are being described as “minor”. In fact,...more

Missouri Court Rejects Attempt to Plead Conversion into Coverage through Negligence Counts

by Kathryn Metz | Sedgwick LLP on 5/13/2013

In Allen v. Cont’l W. Ins. Co., 2013 WL 1803476 (Mo. Ct. App. April 30, 2013), the Missouri Court of Appeals found that a Commercial General Liability (“CGL”) insurer had no duty to defend its insureds, a title loan company...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

New York Court Holds Incidents of Sexual Molestation Separate Occurrences

by Traub Lieberman Straus & Shrewsberry LLP on 5/9/2013

In its recent decision in Roman Catholic Diocese of Brooklyn v National Union Fire Ins. Co. of Pittsburgh, PA, 2013 NY Slip Op 3264 (N.Y. May 7, 2013), the New York Court of Appeals – New York’s highest court – had occasion...more

In New York, One Priest’s Multiple Acts of Sexual Abuse on a Minor Constitutes Multiple Occurrences

by Diana Karnes, Gregory Lahr | Sedgwick LLP on 5/9/2013

Yesterday, New York State’s highest court, for the “first time,” ruled on the meaning of “occurrence” in the context of multiple incidents of sexual abuse of a minor by a priest that spanned several years and policy periods. ...more

New Laws Regarding Construction Defects

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/9/2013

Have you been involved in an accident on a construction site in Hawaii? If so, a ruling from Hawaii’s Court of Appeals may be relevant. ...more

Policyholders Beware: Insurers Relying on Anti-Concurrent Causation Clauses to Defeat Coverage in the Aftermath of Superstorm...

by Joseph Jean, Steven Morris | Lowenstein Sandler LLP on 5/7/2013

To the dismay of most New York business owners who suffered property damage from Superstorm Sandy, insurers are taking the position that only flood losses occurred and businesses that did not pay an additional premium for...more

Drivers Could Show Proof Of Insurance With Smartphones

by Samster, Konkel & Safran, S.C. on 5/7/2013

Society is increasingly becoming paperless as people are able to accomplish most things electronically. In Wisconsin, the State Senate recognized this trend by passing a bill that would allow drivers to show proof of their...more

Court of Appeal Applies Howell Rule to Future Medical Expenses and Noneconomic Damages

by Samuel Sorich | Barger & Wolen on 5/6/2013

In Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court ruled that where a plaintiff’s medical care provider, pursuant to a prior agreement with the plaintiff’s health care provider, accepted less than...more

Four Reasons to Upgrade your Car Insurance

by Hoffman DiMuzio on 5/6/2013

Instead of taking 15 minutes to save 15%, take 15 minutes to make sure you have the coverage you need to protect you and your family. The majority of motorists that I have met over my 25 years of practicing law...more

Massachusetts Mandates Prompt Investigation, Encourages Insurers to Offer Deadline Extensions to Bombing Victims

by Richard Bennett | Cozen O'Connor on 5/3/2013

On Monday of this week, the Massachusetts’s Division of Insurance issued a bulletin mandating prompt investigation of business interruption, property damage and medical insurance claims by policyholders victimized by the...more

Corporate Sponsors Should Not Be Liable For Injuries Sustained By Event Participants

by Sara Perry | Heenan Blaikie LLP on 5/1/2013

Recently, in Boudreau v. Bank of Montreal, the Ontario Court of Appeal upheld a motion dismissing a lawsuit against Bank of Montreal (BMO), Rogers Communications Inc. (Rogers), and Umbro Inc. (Umbro)....more

Cross-Border Crashes: How Canadian Healthcare Can Affect Your Settlement

by Law Office of Dean Standish Perkins and... on 4/30/2013

Despite the efforts to prevent accidents, crashes with Canadian drivers are still an all too common occurrence in Washington State. To make matters worse, dealing with Canadian insurance companies can be confusing and...more

Do I Need Personal Injury Coverage In My Automobile Insurance?

by Berry, Sahradnik, Kotzas & Benson on 4/30/2013

Yes. Personal injury protection (PIP) is a required feature of automobile insurance in New Jersey. This part of your policy covers you or others persons injured in an auto accident. It can be referred to as your “no-fault”...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

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Personal Injury › Insurance