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Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

An Arizona Insurer Owes No Duty to Pay the "Undisputed Amount" of a UM or UIM Claim

by Jaburg Wilk on

Although the Arizona Court of Appeals resolved this issue 20 years ago, I frequently see insureds' counsel argue that an insurer must pay the "undisputed amount" of a UM or UIM claim—and I just saw this argument last week—so...more

First Look - Fall 2017: Issues and Developments in Insurance Law

by Steptoe & Johnson PLLC on

“Insureds may wish, or be contractually obligated, to extend their insurance coverage to other individuals or entities,” commonly referred to as additional insureds. In fact, in certain industries, additional insured...more

Long-Time Reinsurance Attorney Ruled Not Qualified To Arbitrate 9/11 World Trade Center Reinsurance Dispute

by Carlton Fields on

An attorney with “considerably more than ten years’ experience of insurance and reinsurance law” has been deemed unqualified to arbitrate a reinsurance dispute stemming from the September 11, 2001 terrorist attack on the...more

Defence & Indemnity - October 2017: V. SURETY AND BOND ISSUES

by Field Law on

V. SURETY AND BOND ISSUES - A. The Alberta Court of Queen’s Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor. Vermilion & District...more

Indiana Supreme Court Finds Negligent Hiring Claims Are Improper When Employers Admit Employee Was Acting Within Scope Of...

by Reminger Co., LPA on

The Indiana Supreme Court overturned a Court of Appeals decision issued earlier this year when, on October 31, 2017, it found that employers cannot be liable for negligent hiring when they admit that their employees were...more

Climate Scientist Sues Critic

by Akin Gump - Excubitor on

In what appears to be a novel application of defamation law to disputes within the academic community, one researcher has filed suit against a peer reviewer and an academic journal for criticism made in a peer review article...more

GDPR Compliance: Think It Doesn’t Apply to You? Think Again: Insights from Nutter’s Seth Berman

Seth Berman, a partner in Nutter’s Litigation Department and a leader of the firm’s Privacy and Data Security practice group, addressed upcoming GDPR compliance standards in Nutter Insights. Seth discussed how broadly the...more

Bad Faith – Another Angle

by Nexsen Pruet, PLLC on

In August 2011, Jeffrey Vanderhall was riding his bicycle when he was hit by a car and seriously injured. It is now six years, three courts and two bad faith attempts later... To describe the procedural history of this...more

Pennsylvania Superior Court Widens the Net for Negligent Misrepresentation Claims Against Professionals

by Wilson Elser on

A recent ruling by Pennsylvania’s intermediate appellate court has expanded the scope of liability for negligent misrepresentation to include a class of potential defendants far beyond those expressly exposed under a prior...more

Enforcing Nursing Home Arbitration Agreements Post-Kindred

Just five months ago, the U.S. Supreme Court weighed in on a nursing home arbitration dispute in Kindred Nursing Centers v. Clark. It held that the Kentucky supreme court’s rationale for not enforcing the arbitration...more

Corporate Social Responsibility and the Rana Plaza Class Action

by Bennett Jones LLP on

On July 5, 2017, the Ontario Superior Court of Justice released a 129-page decision in the Rana Plaza class action (Das v George Weston Limited, 2017 ONSC 4129), a proposed class action brought in Ontario on behalf of...more

Third Circuit Clarifies Abstention Doctrine in Insurance Coverage Declaratory Action

by Carlton Fields on

Insurers looking to remove declaratory judgment actions to courts in the Third Circuit were recently given some clarity — and, for one defendant insurer, a welcome reversal. On August 21, the U.S. Court of Appeals for the...more

Commercial Division Reprimands Lawyer for Misconduct in Deposition

On August 25, 2017, Justice Shirley Werner Kornreich of the New York Commercial Division entered an order reprimanding a high-profile lawyer, Mark Geragos, for misconduct during a deposition, including refusing to answer...more

Product Liability Update: August 2017

by Foley Hoag LLP on

United States Supreme Court Holds Due Process Forbids Exercising Specific Jurisdiction Over Nonresident Plaintiffs’ Claims Against Nonresident Defendant Where Claims Did Not Arise From Defendant’s Contacts with Forum,...more

Cruise Passenger Protection Act: A Proposed Step Toward Uniform Passenger Legal Rights - But Major Regulatory Compliance...

by Holland & Knight LLP on

• The Cruise Passenger Protection Act of 2017, a U.S. Senate bill introduced as S.1502 on June 29, 2017, proposes a broad range of notice, procedural and oversight provisions for the cruise line industry. The bill is designed...more

Defence & Indemnity - August 2017: I. Insurance Issues: Funk v. Wawanesa Mutual Insurance Company, 2017 ABQB 308, per Simpson, J....

by Field Law on

I. INSURANCE ISSUES A. The Court may refuse to apply an insurance policy provision where it would lead to an unjust result in the circumstances, per s. 545(1) of the Insurance Act or pursuant to the Court’s ability to...more

"It's Not Old, It's A Classic!": Risk in Aging Aircraft with GARA Protecting Manufacturers

The General Aviation Revitalization Act of 1994 (“GARA”) was a byproduct of aging aircraft, rising costs, and tort liability in the United States. Congress was concerned that aircraft manufacturers were being devastated by...more

Statutory Duties to consider in Underwriting (including some that deal with animals)

by Pessin Katz Law, P.A. on

Keep in mind that statutes or ordinances can be a source of a duty of care towards members of a specific class. See, e.g., Kiriakos v. Phillips, 448 Md. at 495, 139 A.3d 1006 (concluding that a social host owes a duty to...more

Court Compels Arbitration Of Non-Signatory Party Seeking To Recoup Damages Flowing From Contract Containing Arbitration Clause

by Carlton Fields on

A federal district court has required Scottsdale Insurance Company to arbitrate a claim against Kinsale Insurance Company based on an arbitration clause in a contract between Kinsale and its insured – a contract to which...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

Food & Beverage Litigation Update | July 2017 #2

GE Salmon Bill Introduced in U.S. Senate - A bipartisan group of U.S. senators has introduced a bill that would require labeling of genetically engineered (GE) salmon and independent scientific review of the U.S. Food and...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

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

Defence & Indemnity - June 2017 : Insurance Issues B. Stairs v. CFM Corp., 2017 NBCA 8 [4226]

by Field Law on

I. INSURANCE ISSUES B. In Alberta an insured’s settlement with a third party which releases the third party does not preclude the insured’s insurer from pursuing a subrogated claim against the third party. Elsewhere in...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

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