News & Analysis as of

Car Accident

What You Need to Know about Car Accidents in California

Car accidents in Woodland Hills can be minor, causing little to no damage to vehicles or injury to drivers and passenger. These accidents, though certainly an inconvenience, are a blip on the radar when compared to more...more

Medicare Secondary Payer Act Class Actions

There have been a substantial number of putative class actions filed recently against insurers involving the Medicare Secondary Payer Act (MSPA). These cases are typically filed by assignees of Medicare advantage...more

How Are Injuries Proven for California Car Accidents?

If you’re involved in a car accident in Woodland Hills, California, you may find yourself in the middle of a fight to get the compensation that you deserve for the damage to your car and for your injuries. One of the most...more

Study Finds Obese Drivers are at Greater Risk of Death in Car Accidents

by Howard Ankin on

A new study found that obese drivers (people with body mass indexes above 30) are 78 percent more likely to die in a car collision than normal-weight drivers. These findings show an increase in fatalities among heavier...more

Is Negligence Enough for Bad Faith? The Eleventh Circuit Rejects an Invitation to Let the Georgia Supreme Court Decide

by Saul Ewing LLP on

In a two-paragraph opinion following oral argument, the Eleventh Circuit Court of Appeals affirmed a District Court’s judgment that Nationwide was liable for either negligent or bad faith failure to settle a claim. The trial...more

How Insurance Companies Calculate A Settlement Offer

by Howard Ankin on

Insurance companies do not have one precise method for calculating settlement offers that is applied to every case. Each accident is unique. Insurance companies have a financial incentive to pay as little as possible and will...more

Are stores liable for car crashes and pedestrians hit by cars in parking lot crosswalks?

by Michigan Auto Law on

Court rules in Bay County case involving TBI car crash victim in a Menard’s parking lot crosswalk that stores do have legal duty to protect ‘safety zone’ - Parking lots are more dangerous than you might think. Hundreds of...more

Can a Host Be Liable for Serving Alcohol in California?

Woodland Hills personal injury attorney Barry P. Goldberg is always looking for recovery sources for his seriously injured clients. One area of confusion comes from questions about whether a server of alcohol can be liable...more

Defence & Indemnity - June 2017: III. QUANTUM/DAMAGES ISSUES: Saadati v. Moorhead, 2017 SCC 28, per Brown, J. [4238]

by Field Law on

III. QUANTUM/DAMAGES ISSUES - A. The SCC has watered down the test for compensable psychological injury and done away with the need for expert evidence to establish it. Saadati v. Moorhead, 2017 SCC 28, per Brown, J....more

Expert Testimony Regarding Positive Marijuana Tests May Not be Admissible in Motor Vehicle Accident Litigation

by Selman Breitman LLP on

As states trend towards legalizing recreational use of marijuana—recreational marijuana use is legal in Alaska, California, Colorado, D.C., Maine, Massachusetts, Nevada, Oregon, and Washington—the need for a reliable test for...more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES C. Suran v. Auluck, [2017] B.C.J. No. 564, per Burke, J. [4234]

by Field Law on

II. LIABILITY ISSUES - C. The two drivers in a street race were found to be joint tort-feasors, both responsible for the death of a passenger in one of the vehicles, and the passenger was found contributorily negligent for...more

Are You Entitled to Diminished Value to your Vehicle after a Crash? Yes and No!

Woodland Hills personal injury attorney Barry P. Goldberg is asked by his clients almost daily whether they are entitled to “Diminished Value” of their vehicle after a crash. Obviously, a car repaired after a crash is never...more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES B. Widdowson v. Rockwell [2017] B.C.J. No. 457, per Kent, J. [4233]

by Field Law on

II. LIABILITY ISSUES - B. A commercial host’s liability with respect to an intoxicated patron will not necessarily end when the patron arrives safely home – it is not necessarily a break in the chain of...more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES A. Wardak v. Froom, 2017 ONSC 1166, per Matheson, J. [4227]

by Field Law on

II. LIABILITY ISSUES - A. The Ontario Superior Court of Justice refused to grant summary dismissal in a social host liquor liability case where the adult defendants supervised their son’s party, involving underage drinking...more

Defence & Indemnity - June 2017 : INSURANCE ISSUES F. Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance...

by Field Law on

I. Insurance Issues: F. Where an auto insurer employs an insurance form (such as a policy, endorsement, or application,) that has not been approved by the Superintendent, the unapproved form will be interpreted by the...more

Defence & Indemnity - June 2017 : Insurance Issues E. Conradi v. Economical Mutual Insurance Co., 2015 ABQB 308, per Clackson, J....

by Field Law on

Insurance Issues E. For non-owned auto coverage under a standard Alberta SPN No. 1 auto policy coverage for the “Insured” is not restricted to the “named insured” but also extends to any other form of “insured” under the...more

Insurance Bad Faith – Genuine Dispute Doctrine

by Low, Ball & Lynch on

Carmen Zubillaga v. Allstate Indemnity Company - Court of Appeal, Fourth Appellate District (June 19, 2017) - The “genuine dispute doctrine” provides an insurer a defense against a bad faith claim when there is a...more

Defence & Indemnity - June 2017 : Insurance Issues D. Insurance Corp. of British Columbia v. Lloyds Underwriters, 2017 ONSC 670,...

by Field Law on

The “lessee” or “renter” of a leased or rented vehicle for the purposes of auto insurance priority legislation is determined on the basis of who the lease/rental company can look to for payment. Insurance Corp. of British...more

Connected Cars and Autonomous Vehicles: The Evolving Landscape of Product Liability, Product Safety, and Product Compliance

by Hogan Lovells on

In this hoganlovells.com interview, Dr. Sebastian Polly talks about how connected cars and automated/autonomous vehicles (AV) will impact the concept of product liability. He also addresses how automakers and suppliers will...more

Defence & Indemnity - June 2017 : Insurance Issues C. Downer v. Pitcher, 2017 NLCA 13, per Green, C.J.N.L. [4228]

by Field Law on

C. The drivers of two cars involved in an accident privately made a settlement and release agreement, giving the Newfoundland Court of Appeal an opportunity to clarify the legal test for the doctrine of unconscionability....more

The Trolley Dilemma and Autonomous Cars — Critical Decisions

Autonomous cars on a highway Fleets of autonomous cars are navigating U.S. highways and byways every day. Once an unfathomable dream, as most technology has been throughout history, driverless vehicles with programmed minds...more

Defence & Indemnity - June 2017 : I. INSURANCE ISSUES A. Haraba v. Wawanesa Mutual Insurance Company (The), 2017 ABQB 190, per...

by Field Law on

I. INSURANCE ISSUES A. Insurance policies are to be interpreted how an ordinary person would understand them such that, absent clear policy wording to the contrary, the interests of co-insureds are to be considered several...more

Recent Change in Ohio Workers’ Compensation Law Affects the Rights of Employees Injured in Automobile Accidents

This month, a new law went into effect which will help protect Ohio employers who frequently send their employees on the road. Prior to July 1, 2017, if an employee was injured in a motor vehicle accident during the course...more

Expansion of Move-Over Law to Protect Motorists

by Howard Ankin on

After experiencing the deadliest year on Illinois roadways for nearly a decade, Illinois State Police are taking prompt action to cut down on these fatalities. One initiative is to expand the Move Over Law, which requires...more

The Fine Print - Summer 2017 - Litigation

The Summer 2017 issue of The Fine Print focuses on litigation and features articles on vehicle insurance claims, managing construction risks, what to know when buying a loan and more. Please see full Publication below for...more

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