Bodily Injury

News & Analysis as of

The Scope of Commercial General Liability Policies Continues to Shrink

Watch out for those Employment Practice Liability “EPL” exclusions. The courts have routinely upheld these exclusions now explicitly added to both the Coverage A (bodily injury and property damage) and the Coverage B...more

Continuing Litigation Over Titanium Dioxide in Sunscreen and Cosmetics Underscores Importance of Exposure Assessments in...

In an ongoing Proposition 65 litigation brought in late 2013 by the Public Interest Alliance (PIA) targeting more than 100 sun-protection and powder-cosmetics manufacturers, plaintiff claims defendants’ products expose...more

OSHA Proposes New Injury And Illness Reporting Rules

On August 14, 2014, the Occupational Safety and Health Administration ("OSHA") issued a supplemental notice of proposed rulemaking regarding electronic submission of injury and illness records. OSHA had originally published...more

Seeking compensation for catastrophic injuries

If you are an Alabama resident who has suffered a catastrophic injury, you may want to know more about the process for seeking compensation. Catastrophic injuries include such things as traumatic brain injuries and disabling...more

South Carolina Supreme Court Finds Workers' Compensation Covers Employee's Injuries Suffered During Kickball Game

Employers seeking to boost employee morale and encourage team building often encourage or require their employees to attend company outings ranging from annual company picnics to softball games. Although companies intend for...more

Plaintiff Who Pursued Frivolous Suit Against a City Ordered to Pay Attorneys' Fees and Costs

A published appellate opinion last week followed successful arguments by Best Best & Krieger attorneys that an approximate $105,000 award of attorneys’ fees and costs under Code of Civil Procedure section 1038 applies to a...more

How does the Illinois Injured Workers’ Benefit Fund work?

According to records kept by the U.S. Bureau of Labor Statistics, Illinois workers experienced more than 155,000 job-related illnesses and injuries in 2013. Every employee who is hurt or becomes ill on the job has the right...more

FDA Falls Asleep in Reporting Faulty Surgical Device

The FDA’s Medwatch program is supposed to enhance patient safety by publicizing adverse medical events, but you have to wonder how effective it is when the feds wait more than four months to post a serious problem with a...more

Kickball Game Organizer Covered When Injured During Game

In a 3-2 decision the Supreme Court reversed the Court of Appeals and the Workers’ Compensation Commission, finding an injury to the organizer of a company kickball game was compensable, although it may not have been for...more

Not So Fast: New York’s High Court Relieves Pressure on Liability Carriers to Disclaim Coverage “As Soon As Possible”

Under a New York statute, a liability insurer that denies coverage for a death or bodily injury claim must provide written notice of its decision “as soon as is reasonably possible.” Last year, in Long Island Lighting Co. v....more

Not all Alabama job-related injuries are immediately noticeable

Many times, people who have experienced job-related injuries are not even aware that they may have received them while working for an Alabama business. That's because some injuries happen due to a series of constant physical...more

Texas Supreme Court Opinions and Orders (8/14 - Part 2)

In its weekly orders on Friday, August 22, 2014, the Supreme Court was busy. The Court issued 7 opinions, granted 4 petitions for review, and set 4 mandamus petitions for argument. Scott Stolley summarized 3 of the opinions,...more

What Is Negligence?

Negligence is legally defined as falling below the level of attention required for the situation. In cases of personal injury, it is imperative to examine the facts, so a determination of negligence can be found and the...more

The Limitations Act, Section 7: Are the Floodgates Opening? Landrie v. Congregation of the Most Holy Redeemer, 2014 ONSC 4008

It has been said that hard facts are apt to introduce bad law. This may occur when judges are asked to exercise their discretion to provide relief to a party facing severe consequences. An example of this might be a plaintiff...more

Louisiana’s Direct Action Statute Does Not Modify Terms of Coverage

“Direct action” statutes permit an injured plaintiff to sue an insurer for coverage under someone else’s policy — the liability insurance policy of the tortfeasor who caused the injury. They have been enacted in only a...more

Florida Court finds Workers' Compensation Statute Unconstitutional

Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy...more

Auto and Other Accidents — When is an injury permanent?

If you have had the misfortune of being involved in a crash or incident where you have aggravated a pre-existing physical condition, do not believe the insurance representative if they attempt to persuade you into thinking...more

Maine Workers' Compensation Alert: CMS Guidelines Amended to Accept WCB Settlement Determination of MSA Amount After Hearing on...

The Center for Medicare and Medicaid Services (CMS) update to its Workers' Compensation Medicare Set-Aside (WCMSA) Arrangement Reference Guide provides authority by which CMS will now recognize and defer to a Workers'...more

What Constitutes "Use" of a Motor Vehicle?

Barry P. Goldberg sometimes has to analyze circumstances that may or may not be covered both to obtain insurance coverage for his clients and to effectively access insurance coverage from the adverse party. One area of...more

Defendants: Reject §998 Settlement Offers at Your Peril

Here’s a cautionary tale for all those defense attorneys who don’t take §998 settlement offers seriously enough. In a recent case in San Diego Superior Court, two teenage boys sued an outpatient services provider,...more

DePuy Pinnacle Litigation Update

The coordinated litigation over Pinnacle metal-on-metal hip implants pending before Judge Kinkeade is also known as MDL No. 2244. The MDL was established in May of 2011. Since then, more than 60 million pages of documents...more

How Auto Defects Can Cause Passenger Injury [Video]

Discover your options and learn more: http://www.patrickmalonelaw.com 202-742-1500 - A product defect in a car isn't just bad for the car, it's also bad for the passengers. Hear DC lawyer Patrick Malone discuss this in more...more

Is Wal-Mart Responsible for Tracy Morgan’s Injuries Caused by its Tired Driver?

During the early morning of June 7, comedians Tracy Morgan, James McNair and Ardley Fuqua and passenger Jeffrey Millea were travelling home from a show when a Wal-Mart tractor-trailer plowed into their limo. Mr. Morgan, Mr....more

OSHA Update: Legal Privileges Can Shield Accident Reports and Safety Audits from Disclosure

Written accident and incident investigations, as well as comprehensive safety and health compliance audits, are essential components of an effective safety and health program. Unfortunately, OSHA has often pursued accident...more

What mistakes should you avoid after an auto accident?

When a person finds himself or herself in an auto accident in Alabama, it can be a jarring reality. If injuries have occurred as a result of the auto accident, the victim may require intensive medical attention, sometimes...more

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