Proximate Cause

News & Analysis as of

Appellate Court Notes: Week of March 10

SC19095 - Edgerton v. Clinton / SC19095 Dissent - Edgerton v. Clinton - Town appealed a $12 million jury verdict when a volunteer fire fighter was sideswiped and then took off after the offending vehicle. He relayed to...more

Anti-Concurrent Causation Clauses Get More Attention

Catastrophe losses rarely involve a situation where the loss is solely caused by an excluded peril. Anti-Concurrent Causation (ACC) clauses were drafted to address the scenario where two perils contribute to the same loss....more

Expert Witness May Not Testify As to Proximate Cause

The Appellate Division has held that an expert witness cannot provide an opinion with regard to proximate cause. In rendering its decision, the Court noted that "proximate cause is a factual issue to be resolved by the jury...more

Florida High Court to Examine Proximate Cause in Negligent Security Case

On August 2, 2013, the Florida Supreme Court accepted review of a case to examine the issue of proximate cause in a negligent security case. See Sanders v. ERP Operating Ltd. Partnership, 96 So. 3d 929 (Fla. 4th DCA 2012)...more

Multiple Causes of Loss: An “Efficient” Standard for First-Party Coverage

What happens when a loss results from two or more perils, only one of which is covered under a first-party insurance policy? In American Home Assurance Company, Inc. v. Sebo, 38 Fla. L. Weekly D1982a (Fla. 2d DCA Sept. 18,...more

Medical Malpractice: Proving Your Case

Just because your medical procedure did not go as planned and your recovery was longer than anticipated, this does not mean your doctor committed medical malpractice. In order to prevail in a medical malpractice case, you...more

District of Columbia District Court Grants Summary Judgment to Honeywell on Motion to Reconsider

The U.S. District Court, District of Columbia in Wannall v. Honeywell International, Inc., Civil Action No. 10-351 (BAH), recently granted Honeywell International’s motion to reconsider the previous denial of its motion for...more

Commercial Restructuring & Bankruptcy Alert - February 2013

In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License...more

8 Results
|
View per page
Page: of 1