Toxic Torts Personal Injury Insurance

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Duty to Cooperate Ruling Narrows Insurers’ Ability to Foreclose Coverage for Settled Class Action Claims

Insurance policies typically include a cooperation clause, which requires the insured to cooperate with the insurer in the defense of a covered claim. Insurers routinely use this clause as a sword against their insureds by...more

Appellate Court Rules On Loss Allocation And Notice Disputes Concerning Reinsurance Claim

A New York appellate court affirmed the denial of summary judgment but with modifications. New Hampshire Insurance Company (“New Hampshire”) together with other insurers, settled with Kaiser Aluminum & Chemical Corporation...more

Texas Supreme Court Incorporates Limitations From An “Insured Contract” Into GL Policy

In In re Deepwater Horizon, Cause No. 13-0670, Slip Op., Feb. 13, 2015, the Texas Supreme Court held that an allocation of liability found in an “insured contract” would determine the coverage provided to an additional...more

Seventh Circuit Finds Attorney Fee Dispute Arbitrable

The Seventh Circuit recently held that a cost-sharing agreement (“CSA”) between Hennessy Industries Inc. (“Hennessy”) and National Union Fire Insurance Co. (“National Union”) required the parties to arbitrate a dispute over...more

Designers, Contractors and Insurers Take Note: Recent Amendment to IL Statute of Repose Strips Asbestos Defense, Exposes Decades...

On December 19, 2014 the Illinois legislature amended the Illinois construction statute of repose to eliminate its protection in asbestos exposure cases (Public Act 098-1131). Beginning June 1, 2015, design professionals and...more

Storing Heating Oil In Residential Tank Is Not An Abnormally Dangerous Activity In New Jersey

The Appellate Division recent held that the storage of home heating oil in an underground storage tank is not an abnormally dangerous activity. In Ross v. Lowitz, the plaintiffs, John and Pamela Ross, owned property that was...more

Recent Massachusetts Decision Applies Pro-Rata Allocation and Continuous Trigger to Progressive Injury Claims, Including Asbestos...

What you need to know: A recent Massachusetts federal trial court ruling applied pro-rata allocation and continuous trigger to progressive injury claims arising from asbestos and toxic chemicals and metals....more

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

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

Illinois Appellate Court Endorses “All Sums” Allocation Rule for Asbestos Bodily Injury Losses under Excess and Umbrella Insurers

On March 5, 2013, the First District Appellate Court of Illinois ruled in John Crane, Inc. v. Admiral Ins. Co., 2013 IL App (1st) 093240-B that excess and umbrella insurers covering asbestos-related injury claims are jointly...more

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

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

Policy Observer - January 2013

It has been nearly three months since Superstorm Sandy battered the East Coast of the United States. With several hundred thousand residents still without homes and many businesses still operating out of temporary facilities,...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

Valuing A Litigation Claim

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

Insuring Your Business -- October 2012

In This Issue: - What Law Applies When A Flood-Related Disaster Hits? - Farm Odors and Coverage Issues Arising from “Pollutant” Property Damages. Excerpt from What Law Applies When A Flood-Related Disaster...more

Insurance Coverage: October 2012

This past quarter brought us the long-awaited decision from the California Supreme Court on stacking of insurance policies. The Supreme Court has ruled that stacking of limits on successive policies is permitted on continuous...more

Missouri Federal Court Affirms Denial of Coverage Based on Pollution Exclusion

In its recent decision in Doe Run Resources Corp. v. Lexington Ins. Co., 2012 U.S. Dist. LEXIS 140981 (E.D. Mo. Sept. 28, 2012), the United States District Court for the Eastern District of Missouri had occasion to consider...more

Anti-Assignment Clause In Insurance Policy Does Not Prohibit The Assignment Of Claim

Policyholders asserting claims against an insurer for damages arising from a fire, environmental contamination or other causes need to pay close attention to the “fine print” contained in their policy. Assigning a claim...more

Representing Yourself in an Oregon Injury Claim

If you’ve been involved in an Oregon car accident, and you’ve been injured, you may be wondering how to file a personal injury claim yourself to avoid paying legal fees. But you don’t need a lawyer in every case. For...more

Brooks Cutter and Eric Ratinoff Teach "Discovering the Client's Story" at Gerry Spence Trial Lawyers College Regional Seminar

Partners at Sacramento Personal Injury and Class Action law firm, Kershaw, Cutter & Ratinoff, Brooks Cutter and Eric Ratinoff will share trial techniques with students at the Gerry Spence Trial Lawyers College California...more

Basics of Filing an Oregon Bus Accident Claim

Injured by a bus or on a bus? You may need help because buses are often owned by government agencies, which means the whole civil/personal injury process becomes more difficult and more complicated. ...more

Oregon State Time Limits for Filing Personal Injury Lawsuits

Statutes of limitation vary by state, so make sure to know the time limits for filing a personal injury lawsuit in the state where you had your accident. Learn the basic time limits for statutes in Oregon, including personal...more

Social Networking Site Warning Letter to Personal Injury Client

Social Networking by clients has become a ripe hunting ground for defense lawyers and others. Use this form with all new and existing clients....more

Ajlouny Injury Law Lauds Zadroga Act as a Victory for NYC 9/11 First Responders

Victims and their families can breathe easier, literally and figuratively, knowing they are eligible for compensation and health benefits under the Zadroga Act. If you are an EMT worker, NYC firefightre, NYC police office...more

IT'S NOT A BAD DREAM

It Is Not A Bad Dream The California Electronic Discovery Act...more

Death Worth Less Than Injury?

This article talks about how damages are calculated in a wrongful death suit in British Columbia. Many people are surprised to learn that grief is not compensable....more

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