News & Analysis as of

Bodily Injury Liability Insurance

K&L Gates LLP

PFAS and Other Emerging Alleged Contaminants Litigation: Mitigating Risk Through Insurance

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The United States (US) has seen an explosion of litigation in recent years relating to perfluoroalkyl and polyfluoroalkyl substances (PFAS), referred to by some as “forever chemicals” because they are slow to degrade and can...more

Presley & Presley

Interpleader Insufficient to Erase Extra-Contractual Exposure

Presley & Presley on

In states that haven’t passed safe harbor legislation, multiple claimants and insufficient limit claims pose certain challenges to insurers in the claims handling stage. Numerous claimants competing for severely limited...more

Maison Law

California Uber Accidents and Personal Injury Claims

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Uber is a California-born taxi service that relies upon apps on tablets, smartphones, and computers. Requests for service come with a few finger taps rather than hailing for cabs or competing with other taxi riders for...more

Maison Law

Personal Injury Claims Involving Uninsured Drivers in California

Maison Law on

In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more

Marshall Dennehey

Denial of Insurer’s Petition for Limited Intervention in Trial Court Action Against Insured to Determine Whether Coverage...

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Key Points: Trial court’s denial of insurer’s petition for limited intervention to determine whether coverage exclusion applied was immediately appealable pursuant to Pa. R.A.P. 313(b)....more

Ward and Smith, P.A.

UM/UIM Coverage: What It Is and Why You Need Enough of It

Ward and Smith, P.A. on

If you are injured in a car crash that isn't your fault, you expect insurance to cover your medical expenses and related costs from the crash. But you might be out of luck if you don't have sufficient UM/UIM...more

Searcy Denney Scarola Barnhart & Shipley

What You Need to Know About Florida’s No-Fault Car Insurance Law

Florida is in a minority of states which employ a “no-fault” personal injury system. This results in car accident victims first having to file a claim against their own insurance before submitting a claim to a defendant’s...more

Ward and Smith, P.A.

Pedestrian Accidents in North Carolina

Ward and Smith, P.A. on

According to the National Highway Traffic Safety Administration, in 2020, car wrecks involving pedestrians caused the deaths of 6,516 pedestrians, amounting to one death every 81 minutes....more

Houston Harbaugh, P.C.

Pennsylvania High Court to Consider Whether Wrongful Death Emotional Distress Damages May Be Included Under Bodily Injury Coverage...

Houston Harbaugh, P.C. on

On October 18, 2022, the Supreme Court of Pennsylvania granted allowance of appeal in Kramer v. Nationwide Property and Casualty Insurance Co. regarding the issue of whether the Superior Court erred by finding that “emotional...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Total Pollution Exclusion/Crude Oil Leak: Federal Appellate Court Addresses Insurance Coverage Question

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in an October 26th Opinion a company’s Commercial General Liability (“CGL”) policy Total Pollution Exclusion (“TPE”). See Central Crude,...more

White and Williams LLP

Top Developments - September 2022

White and Williams LLP on

Pepsi-Cola Metro. Bottling Co. v. Emp’rs Ins. Co., 2022 Wisc. App. LEXIS 598 (Wisc. Ct. App. July 8, 2022) - Wisconsin Court of Appeals (in a divided decision) holds that a “post-loss” assignment of rights under a...more

Cranfill Sumner LLP

When the Bark is NOT Worse than the Bite

Cranfill Sumner LLP on

Dog Bite Cases in North Carolina - Dog bite claims are common among insurance carriers. The Insurance Information Institute reported $882 million in carrier liability for dog bites and injuries in 2021. In 2020, AP News...more

Butler Weihmuller Katz Craig LLP

Florida First DCA Reverses $28.6 Million Judgment and Emphasizes that Alleged Violations of the Florida “Dram Shop” Act are...

The effects of alcohol-impaired driving as it concerns life and limb are well-documented. Indeed, more often than not, the policy limits for the responsible party’s insurance policy are inadequate to compensate the injured...more

Ward and Smith, P.A.

North Carolina ATV Accident Law

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Off-Highway Vehicles ("OHVs"), specifically All-Terrain Vehicles ("ATVs") and Utility Terrain Vehicles ("UTVs"), are prevalent throughout North Carolina. These vehicles come in an array of styles and can differ in their...more

Wiley Rein LLP

Lawyer’s Professional Liability Insurer has Duty to Defend Suit Alleging Sexual Assault of Client

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Applying Maine law, the United States District Court for the District of Maine has held that a legal professional liability insurer had a duty to defend an insured attorney against a suit alleging sexual assault of a client,...more

Ward and Smith, P.A.

What To Do First if You Are Involved in a Car Accident in North Carolina

Ward and Smith, P.A. on

As a result of "stay at home" orders and other social distancing guidelines to help stop the spread of COVID-19, fewer North Carolinians are driving. In fact, recent news stories report that some car insurance companies...more

Searcy Denney Scarola Barnhart & Shipley

Car Accidents That Almost Always Require the Assistance of a Lawyer

Whether you’re in a minor fender bender or you have serious injuries, consulting with a Florida car accident lawyer is typically a good idea. Even if you don’t pursue the assistance of an attorney, a consultation could help...more

Pillsbury - Policyholder Pulse blog

Getting Ahead of the Coronavirus Epidemic: What It Means for Insuring Your Business

There has been a drumbeat of news reports about Wuhan, China, a city more populous than any in the United States, which is in effective lock-down because of the coronavirus. Foreign nationals are being evacuated, travel has...more

Michigan Auto Law

Auto Insurance Recommendations For New Michigan No-Fault Law

Michigan Auto Law on

People often ask me “how much car insurance do I need?” Never has this question been more important than now. Michigan drivers now face the biggest changes in auto No-Fault insurance since the No-Fault Act was enacted in...more

Ward and Smith, P.A.

Identifying All Sources of Underinsured Motorist Coverage for Injured Parties in NC Car Accident Cases

Ward and Smith, P.A. on

Underinsured Motorist ("UIM") coverage is an incredibly important source of insurance in car accident cases involving personal injuries. Liability insurance pays claims for someone when they are at-fault for an accident;...more

Rumberger | Kirk

Find Your Footing: Don’t stumble when it comes to slip-and-fall claims

Rumberger | Kirk on

Some regard slip-and-fall claims as nuisance litigation and often make billboard plaintiffs’ lawyers the butt of jokes. But, occasionally, these claims represent catastrophic injuries with verdicts to match, and even garden...more

Pillsbury - Policyholder Pulse blog

What Should a Policyholder Do to Transfer Risk of Loss for Sexual Abuse Claims?

Sexual abuse litigation is increasingly common, and an unfortunate wave of new lawsuits is coming. In her recent alert, Pillsbury’s Joan Cotkin reviews how the insurance industry has responded to these risks with new...more

Pillsbury Winthrop Shaw Pittman LLP

How Far Does Your Sexual Abuse Liability Coverage Extend?

If faced with continuous injury claims based on past acts of sexual abuse, will an insured’s general liability policies with sexual abuse coverage defend? Purchase insurance that is carefully focused on the risks your...more

White and Williams LLP

Careless Smoking Causation Defense Goes Up in Smoke in Connecticut

White and Williams LLP on

In Conn. Interlocal Risk Mgmt. Agency v. Jackson, 2019 Conn. LEXIS 230 (Sept. 1, 2019) (Conn. Interlocal), the Supreme Court of Connecticut considered a careless smoking case and whether, as a matter of first impression,...more

Carlton Fields

When Should an Insurer Deny Coverage? The Second Circuit Provides Guidance on What Constitutes a Reasonable Time by Which to Deny...

Carlton Fields on

Under New York law, a liability insurer is required to deny coverage for bodily injury resulting from an auto accident “as soon as is reasonably possible.” N.Y. Ins. Law § 3420(d)(2). The Second Circuit recently shed light on...more

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