News & Analysis as of

Personal Injury Products Liability Insurance

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

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

New York’s Highest Court Issues a Noteworthy Decision, Rejecting “Pro Rata” Allocation in the Asbestos Bodily-Injury Context

by K&L Gates LLP on

On May 3, the New York Court of Appeals unanimously held that an “all-sums” method of allocation should be used to apportion liability among excess insurers based on the policy language at issue in the case. Contrary to...more

Massachusetts Court Holds Insured Contract Does Not Compel a Duty to Defend

In its recent decision in Jiminy Peak Mountain Resort, LLC v. Wiegand Sports, 2016 U.S. Dist. LEXIS 34209 (D. Mass. Mar. 16, 2016), the United States District Court for the District of Massachusetts had occasion to consider...more

Your Data Breach Collided With My Personal Injury Coverage

by Carlton Fields on

Editors at Wired magazine recently engaged in a year-long project to develop a means to hack the onboard computer of a Jeep, and override the driver’s control of several critical vehicle functions. According to a disturbing...more

California Supreme Court Overrules Existing Law on Assignment of Claims After Loss

by Selman Breitman LLP on

Henkel addressed the issue of whether the insured conveyed its liability insurance policies by operation of law when it sold certain assets to a successor corporation, where those assets included liabilities (i.e., a chemical...more

Jeep Hack Drives Cyber, Crisis, Liability and Supply Chain Coverage Issues

by Wilson Elser on

A recall notice to fix critical control software on 1.4 million vehicles should raise concerns for companies, brokers and insurers across several business lines. The vulnerability of vital control systems to a remote hacking...more

Critical Regulations and Libel Suit Raise Adverse Publicity Coverage Issues

by Wilson Elser on

Brand is everything! The ability and opportunities to extend a brand’s reach are vast, with the smallest companies able to brand globally. Equally important is protecting an established brand. Competitors and consumers can...more

“Continuous” Trigger is Alive and Well in Pennsylvania

by K&L Gates LLP on

In recent years, insurers have attempted to avoid their coverage obligations for their policyholders’ asbestos personal injury claims by challenging longstanding trigger of coverage rulings from the 1980s and 1990s. Although...more

North River Ins. Co. v. Mine Safety Appliances Co., — A.3d —, 2014 WL 5784588 (Del. 2014)

by Morris James LLP on

Mine Safety Appliances Company (“MSA”), a safety appliances company, faced a multitude of personal injury claims due to alleged defects in its safety equipment. MSA, in turn, sought costs, including legal fees, costs of...more

The Absolute Pollution Exclusion May Not Be That “Absolute”

by Cole Schotz on

The Absolute Pollution Exclusion (“APE”) contained in current general liability insurance policies excludes coverage for costs related to the cleanup of environmental pollution. Insurance companies have taken the position...more

Driverless Cars For Consumers Are A Fast Approaching Reality, But Who Is Liable When Accidents Happen?

Google had lead the push to develop driverless cars and has made great strides in making them a reality on our streets. As driverless cars are already on the roads of many cities across Florida it has become clear the...more

New York Appeals Court Sustains Asbestos Plaintiffs’ Direct Suit against Liability Insurer of Dissolved Corporate Defendant

by Wilson Elser on

Can an asbestos bodily injury plaintiff directly sue the liability insurer of a dissolved corporate defendant? Yes, said New York’s Appellate Division, First Department – under certain circumstances. The court’s decision came...more

Pennsylvania Superior Court Finds Coverage Under CGL Policy For Product Defect Claims

Policyholders seeking defense costs for products liability claims received welcome support from a Pennsylvania appellate court which rejected an excessively restrictive view of the scope of coverage offered under commercial...more

Insurance Recovery Law

Suit Alleging Drug Distributor Was a “Pill Mill” Requires Defense - Why it matters: A Kentucky federal court held that the claimed impact in a suit brought by the West Virginia Attorney General – alleging that...more

Eighth Circuit Holds Pollution Exclusion Applicable to Carbon Monoxide

In its recent decision in Church Mut. Ins. Co. v. Clay Ctr. Christian Church, 2014 U.S. App. LEXIS 5450 (Mar. 25, 2014), the United States Court of Appeals for the Eighth Circuit, applying Nebraska law, had occasion to...more

Fingers Point to Different Defendants in Asiana Airlines Plane Crash

by Hinshaw & Culbertson LLP on

David McMahon, who represents insurers in litigation resulting from natural disasters and product liability lawsuits against the airline and cruise industry, was interviewed for an Aug. 6, 2013, Claims Journal article,...more

BOOK REVIEW: An Excellent Resource for Litigators Preparing for Depositions

by Daniel E. Cummins on

This Book Review by Northeastern Pennsylvania insurance defense attorney of the Scranton, PA law firm of Foley, Comerford & Cummins appeared in the July 2013 edition of the Pennsylvania Lawyer Magazine. The review analyzes...more

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

by Timothy Durken on

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

California Court Addresses Horizontal Exhaustion Requirement

In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...more

California Court of Appeal Again Finds No Stacking of Liability Policy Limits

by Hinshaw & Culbertson LLP on

Nearly two years ago, the California Court of Appeal for the Second Appellate District issued a decision that upheld the concept of horizontal exhaustion of primary liability policy limits before triggering the obligation of...more

Illinois Appeals Court Reaffirms Zurich v. Raymark, Strengthens All Sums Precedent Under Illinois Law

by Gilbert LLP on

In a significant victory for policyholders, the Illinois Appellate Court reversed a trial court decision that John Crane, Inc. (“Crane”) had no excess coverage for asbestos bodily injury claims. By so ruling, the appeals...more

A Maze of Uncertainty: Pennsylvania Products Liability Law Remains in a Confusing State of Flux

by Daniel E. Cummins on

Attorney Daniel E. Cummins of the Scranton, Lackawanna County, Pennsylvania insurance defense firm, Foley, Comerford & Cummins provides this detailed analysis of the current state of Pennsylvania Products Liability Law. ...more

Gilbert LLP Convinces Sixth Circuit to Rule in Favor of Asbestos-Containing product Manufacturer-Policyholders

by Gilbert LLP on

Comprehensive general liability policies limit the amount the insurer has to pay for each “occurrence”, which is typically defined as an “accident” or “exposure to [injurious] conditions”. Insurers and policyholders...more

Practical Implications Of Howell v. Hamilton Meat

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

Florida Court Allows Extrinsic Facts for Determining Duty to Defend

In its recent decision in Composite Structures, Inc. v. Cont'l Ins. Co., 2012 U.S. Dist. LEXIS 147320 (M.D. Fla. Oct. 12, 2012), the United States District Court for the Middle District of Florida considered if and when an...more

94 Results
|
View per page
Page: of 4
Cybersecurity

Follow Personal Injury Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.