Bodily Injury

News & Analysis as of

Pennsylvania Supreme Court Declines To Review Pro-Policyholder Decision; Contrary Arguments Possible

For years, product manufacturers relied on commercial general liability policies to defend and indemnify them for product liability claims. Although these policies may exclude coverage for pure economic loss or for damage to...more

Fund management expenses in catastrophic personal injuries cases – awards on top of awards?

The costs of managing awards of damages for catastrophic personal injury claims comprise one of the most significant heads of damage that a plaintiff is awarded. These costs often make up around 20% of the total award. ...more

Protecting Your Interests After a Car Accident: Tips for Anticipating a Personal Injury Lawsuit

After an automobile accident in the San Fernando Valley, a number of pressing thoughts are often racing through your mind. Am I okay? How much damage is there to my car? Should I get an attorney? Will I be sued? There...more

Nevada Insurers Often Wrong About Pre-existing Conditions

Any injured worker over the age of 30 with a serious work injury is likely to find some reference in his or her medical records to degeneration of the body part being examined. Degenerative disc disease, for example, is...more

How do I file for workers’ compensation in Illinois?

For Illinois workers, incurring a workplace injury can be a traumatic experience. On top of worrying over possible long-term effects on health and impairments to the ability to make a living, the anxiety over how to respond...more

Illinois Court Holds Insurer Estopped from Relying on Coverage Defenses

In its recent decision in Mt. Hawley Ins. Co v. Certain Underwriters at Lloyd’s, 2014 Ill. App. LEXIS 655 (Ill. App. Ct. Sept. 9, 2014), the Appellate Court of Illinois, First District, had occasion to consider whether...more

Understanding and Avoiding Situations of Vicarious Liability

How many times have you loaned your automobile to a friend or family member? Even if you trust the person you are lending your car to, incidents can occur that can put you at risk for legal liability. Many automobile...more

OSHA Expands Employers' Reporting Requirements for Work-Related Injuries and Fatalities

On Sept. 11, 2014, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced revisions to its rule that requires employers to notify OSHA when employees suffer a work-related...more

What is a spinal cord injury?

Alabama residents may be surprised to learn that approximately 200,000 individuals are living with spinal cord injuries throughout the country, according to the Centers for Disease Control and Prevention. Nearly half of...more

Filing a claim after a workplace injury occurs

An employee may be eligible for workers' compensation after a work-related accident but must first file a claim. Under the Alabama workers' compensation law, a worker can file a claim by notifying an employer of an injury or...more

Tennessee Insurance Legal News: Volume 3, Number 3

Declaratory Judgment Action Interpreting the "Land Motorized Vehicle" Exclusion - In Tennessee Farmers Mutual Insurance Co. v. Simmons, No. E2013-01419-COA-R30-CV (Tenn. Ct. App. July 15, 2014), the Tennessee Court of...more

How Do I Establish Negligence?

The party that causes an accident is generally the party held liable for injuries. Establishing negligence is the threshold requirement for a personal injury case. To establish negligence, a thorough analysis of the facts is...more

Dr. Pirruccello Explains How to Rate Spinal Injuries

Virginia : The primary purpose of my blog posts is to inform Nevada's injured workers about the law and the claims process. However, I occasionally like to offer my readers from the workers' compensation industry a more...more

Youth Soccer and Traumatic Brain Injuries: Are Changes on the Way?

Soccer Parents File Class-Action Lawsuit against FIFA - The link between traumatic brain injuries and contact sports like football and hockey are now well known across the country, particularly for young athletes who...more

Wisconsin Supreme Court 2013-2014 Term Summary Part 3: Recap of Cases Affecting Wisconsin Businesses

This post is the third in a series of posts analyzing the 2013-14 term of the Wisconsin Supreme Court. This post provides in a nutshell what businesses need to know about the cases from last year’s term of the...more

Policy Observer - September 2014

All Sums or Pro Rata: Did You Get the Coverage You Bought? In recent decades, liabilities stemming from long-term bodily injury or property damage—as from exposure to asbestos or contamination of the environment—have...more

Eleventh Circuit: Florida Law Does Not Equate Mere Negligence with Bad Faith

Kincaid v. Allstate Prop. and Cas. Ins. Co., No. 2:13-cv-014030, 2014 WL 3733758 (11th Cir. Jul. 30, 2014) - The Eleventh Circuit holds that under Florida law, negligence does not equate to bad faith, and under the...more

New OSHA Reporting Mandate Includes Single Employee Hospitalization

Prior to January 1, 2015, employers should take steps to ensure compliance with a significant new OSHA rule that requires employers to notify OSHA within 24 hours of the in-patient hospitalization of more than one employee or...more

Electronic Recordkeeping: OSHA Manages to Make a Bad Proposal Even Worse

In November 2013, the Occupational Safety and Health Administration (OSHA) proposed regulations requiring employers to submit injury and illness data electronically, rather than maintain paper OSHA Form 300 logs of...more

Nebraska Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Claim

In its recent decision in State Farm Fire & Casualty Co. v. Dantzler, the Supreme Court of Nebraska had occasion to consider the application of pollution exclusion to an underlying personal injury claim involving an...more

OSHA Expands Mandatory Reporting Requirements to Encompass Individual Employee Hospitalizations, Amputations, and Eye Loss

In 2001, the Occupational Safety and Health Administration (OSHA) adopted a regulation requiring employers to report to their local OSHA office any work-related incidents that resulted in an employee death or the in-patient...more

Insurance Recovery Law - September 2014

Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”: Why it matters - A federal district court in Texas strictly construed a pollution exclusion in...more

CPSC Tackles Child Injuries in Proposed Ban

Magnets, Choking Hazards, and Fatal Child Injuries - When should a hazardous product be banned due to safety concerns? A recent article in USA Today stated that the Consumer Product Safety Commission might ban...more

7 Facts Every Judge and Attorney Should Know When Domestic Violence Involves Strangulation

The arrests of Ravens running back Ray Rice and San Francisco 49er defensive tackle Ray McDonald have, once again, thrust the ugly specter of domestic violence into the forefront of American consciousness. One of the most...more

Appellate Court Notes

?AC35328 - Sola v. Wal-Mart Stores, Inc. Trial court incorrectly refused to charge the jury that Walmart store had a non-delegable duty to maintain its floors in a safe condition for its patrons and could not defend a...more

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