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Negligence › Default

McGlinchey Stafford

What Is My Assumption of Risk? - McGlinchey Commercial Law Bulletin - September 11, 2023

McGlinchey Stafford on

Assumption of the Risk- Smith v. Be Fit with Michelle, LLC, 11th Dist. Lake, No. 2023-Ohio-3118. In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment...more

Wiley Rein LLP

Notice-Prejudice Rule Inapplicable Where Insured Fails to Provide Any Notice Under Claims-Made Policies

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The United States District Court for the District of Colorado, applying Colorado law, has held that the notice-prejudice rule does not apply to claims-made liability policies where an insured did not merely provide late...more

Carlton Fields

Contract Claims Dismissed Against Reinsurers and Reinsurance Service Providers, but Negligence Claim Against Service Providers...

Carlton Fields on

Vantage, the plaintiff, had purchased insurance from Assured Risk Transfer (ART) against the risk that a company to which Vantage had loaned $22 million would default....more

Snell & Wilmer

Does a title company owe a duty of care to third parties in the recording of legal instruments?

Snell & Wilmer on

This is precisely the question that the Ninth Circuit recently certified to the Washington Supreme Court in Centurion Properties III, LLC v. Chicago Title Ins. Co. Facts of the Case - In this case, Centurion...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Sheppard Mullin Richter & Hampton LLP

Lenders Beware -- California decision may ignite next wave of lender liability litigation

Sheppard Mullin Richter & Hampton LLP on

In a recent decision from the California Court of Appeals entitled Jolley v. Chase Home Finance, LLC, the Court severely curtailed lenders’ ability to dispose of lender liability claims on summary judgment, thereby adopting a...more

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