News & Analysis as of

Third-Party Liability

Am I Covered Now!

by Poyner Spruill LLP on

The cybersecurity breaches rippling through the global economy create enormous costs for the affected businesses and organizations. As a result, many companies are focusing increased attention on obtaining insurance coverage...more

Payment of premium through the intermediary and rule of appearance

by DLA Piper on

The captioned judgment states a well-known case law principle in the field of motor third party liability, i.e. the damaged party enjoys full insurance cover if the insured party, liable for the accident, holds the...more

Alaska Creates Exception to General Rule that Injured Party Cannot Sue Insured’s Carrier

by Cozen O'Connor on

The Supreme Court of Alaska in Burnett v. Government Employees Insurance Company, 2017 WL 382648 (Alaska 2017) recently decided in a 3-2 decision that an insurer who voluntarily assumed the responsibility for cleaning up an...more

Liability for Loaning out your car— The Permissive User

Woodland Hills Personal Injury Attorney Barry P. Goldberg knows that lending a car to a friend can be a huge favor to them, but also can result in huge liability to you should that friend get into an accident. Vehicle owners...more

Emerging Trends Newsletter - Q4

by Stinson Leonard Street on

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection...more

Court Rejects TCPA Claims Based on Theory of Third-Party Liability

by K&L Gates LLP on

The U.S. District Court for the Northern District of West Virginia recently granted summary judgment for the defendant alarm manufacturers in In re Monitronics International, Inc. Telephone Consumer Protection Act Litigation...more

EEOC Wins Jury Verdict in Sexual Harassment Case against Costco

Failure to Intervene Against Harassing Customer Created Hostile Work Environment, EEOC Charged - CHICAGO - A federal jury has awarded $250,000 in compensatory damages to a former employee of Costco Wholesale, Inc. who...more

CT Supreme Court Permits a Workers' Compensation Insurer to Sue Third Parties for Reimbursement

by Murtha Cullina on

In a decision to be officially released on September 27, 2016, the Connecticut Supreme Court holds that a workers’ compensation insurer can maintain an equitable subrogation claim against third-party tortfeasors to recover...more

HUD Finalizes New Fair Housing Rule for Quid Pro Quo, Hostile Environment Harassment

by Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) has issued a final rule that creates liability for housing providers for occurrences of "quid pro quo harassment" or "hostile environment harassment." The new rule,...more

EU Court Holds That Hyperlinks Can Infringe Copyright

by Dorsey & Whitney LLP on

In a landmark decision that departs from previous case law, the Court of Justice of the EU, the highest court of the EU, held that a website operator that posts hyperlinks to another site that contains copyright materials...more

Santorii v. MartinezRusso

Arizona’s real estate statutes do not create an employer-employee relationship between brokers and agents, nor do they impose a non-delegable duty on the broker to supervise an agent’s driving. Real estate agent was ...more

Non-Party Yelp Ordered to Remove Defamatory Reviews

by Selman Breitman LLP on

In 2012, attorney Dawn Hassell represented Ava Bird for a period of 25 days related to a personal injury she suffered. Bird expressed dissatisfaction with the representation and Hassell withdrew from the representation....more

Direct access to insurers of insolvent entities at last? Third Parties (Rights Against Insurers) Act 2010

by DLA Piper on

After considerable delay the long-awaited Third Parties (Rights Against Insurers) Act 2010, having been amended by the Third Parties (Rights Against Insurers) Regulations 2016, is finally due to come into force on 1 August...more

Cramer v. Starr

A Tort Defendant May Name Plaintiff’s Subsequent Physician As A Non-Party At Fault, Despite The “Original Tortfeasor Rule” - Arizona’s comparative fault statute (UCATA) requires the trier of fact in a tort case to...more

Have a Contract in Canada? Your Class Action Risk is Greater Than You May Think

by Bennett Jones LLP on

Non-Canadian companies: welcome to the Canadian class action party. In recent years, Canadians have increasingly begun to recognize and actively manage the major business risk posed by class actions, as more and more...more

Defence & Indemnity - June 2016: IV. PRACTICE ISSUES

by Field Law on

The principles for extending the limitation period for filing Third Party Notices - Condominium Corporation No 0425636 v Amyotte’s Plumbing, 2015 ABQB 801, per Master Schulz...more

When Can You Sue After a Workplace Injury?

Millions of people are injured in workplace accidents each year, and many victims experience serious and long-term effects as a result of these injuries. Workplace injuries can result in overwhelming medical debt and a...more

The Customer Is Not Always Right: The Dangers Of Third-Party Harassment Claims

by Fisher Phillips on

Like most in the hospitality industry, you are constantly balancing many competing demands. At any given moment, you could be focusing on managing staff performance. Or perhaps you are reviewing your employment policies to...more

Should You Withdraw The Reservation of Rights To Avoid Entry of a Consent Judgment?

by Cozen O'Connor on

An insurer that defends its insured against a third party’s lawsuit, while reserving rights to deny coverage to its insured for any judgment, may face a decision point when underlying settlement discussions become ripe to...more

Second Circuit Holds Manufacture and Sale of Counterfeit Goods Not an Advertising Injury

In its recent decision in United States Fidelity & Guarantee Co. v. Fendi Adele S.R.L., 2016 U.S. App. LEXIS 8973 (2d Cir. May 17, 2016), the United States Court of Appeals for the Second Circuit, applying New York law, had...more

Alberta Wildfires – Insurance for Financial and Other Losses of Affected Companies

by Reed Smith on

Companies potentially affected by the Alberta wildfires should be conducting a prompt review of potentially applicable insurance coverage, especially under policies that provide coverage for business interruption and loss of...more

Was the Person Who Hit You Running Errands for Someone Else? The “Principal” May also be Liable!

Woodland Hills personal injury lawyer Barry P. Goldberg is always looking for sources of recovery for his clients particularly because many drivers are either uninsured or underinsured. This means either there was no...more

Ransomware Cuts Deep, in Life & in Coverage

1. Beyond Breaches - With ransomware, cybersecurity in healthcare has gone far beyond HIPAA compliance, breaches of PHI or identity theft. For the unprepared healthcare provider not able to prevent ransomware or...more

Early Mediation of Insurance Coverage Disputes

by JAMS on

Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common. In part, this trend is the result of ADR provisions in insurance policies that require that the policyholder and insurer...more

Eleventh Circuit Refuses to Extend Scope of Assignee TILA Liability to Failure to Provide Payoff Balance

Ruling on an issue of first impression at the Circuit Court level, the Eleventh Circuit recently refused in Evanto v. Federal National Mortgage Association to impose Federal Truth in Lending Act (TILA) liability on assignees...more

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Cybersecurity

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