News & Analysis as of

Joint and Several Liability Insurance Industry

Faegre Drinker Biddle & Reath LLP

Tort Reform Comes to Florida

On Friday, March 24, 2023, Gov. Ron DeSantis signed into law HB 837: Civil Remedies, bringing sweeping tort reform in the state of Florida. In a statement, the governor said, “Florida has been considered a judicial hellhole...more

Holland & Knight LLP

Florida Enacts Major Tort Reform and Bad-Faith Insurance Claim Legislation

Holland & Knight LLP on

Florida Gov. Ron DeSantis signed a far-reaching tort reform bill, numbered CS/CS/HB 837 (HB 837), into law on March 24, 2023. A rush to the courthouse with negligence lawsuits in advance of its effective date on the same day...more

(ACOEL) | American College of Environmental...

The Absolute Pollution Exclusion is Not Quite Absolute

In my last blog, I noted that there is no case law under CERCLA analyzing whether an insurer may rely upon the absolute pollution exclusion to avoid the duty to defend where a complaint for cost recovery alleges joint and...more

White and Williams LLP

Maryland's Top Court Adopts Majority Pro Rata Allocation Rule in "Long Tail" Case

On April 3, 2020, the Maryland Court of Appeals, in a closely-watched case, unanimously rejected the application of an “all sums” allocation and held that damages for continuous bodily injury must be allocated pro rata, by...more

Cozen O'Connor

When 1 Percent of Fault = 100 Percent of Damages: Understanding Subrogated Recovery in Quebec

Cozen O'Connor on

In a subrogation action where multiple defendants have caused the plaintiffs’ loss, courts will generally allocate a percentage of liability to each defendant. Even so, a plaintiff can collect 100 percent of its judgment from...more

Cozen O'Connor

Covenant Judgments in Washington – Reasonableness Determined on Five Days’ Notice to the Insurer and Without a Jury: Bird v. Best...

Cozen O'Connor on

In Bird v. Best Plumbing Group, LLC and Farmers Insurance Exchange, Wash. No. 86109-9 (October 25, 2012), the Washington Supreme Court held that: (1) insurers have no constitutional right to a jury determination of whether...more

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