News & Analysis as of

Bodily Injury Motion for Summary Judgment

Goldberg Segalla

Engine Defendant’s Motions for Summary Judgment Denied

Goldberg Segalla on

Court: Supreme Court of New York, New York County - Defendant Perkins Engines Inc. filed motions for summary judgment in two actions, Frederick and Nankervis. In Frederick, Perkins filed its motion based upon a lack of...more

Haight Brown & Bonesteel LLP

California Court of Appeal Affirms Trial Court's Motion for Summary Judgment for Failure to Comply With the Government Claims Act

On February 28, 2023, the California Fourth District Court of Appeal, Division One, issued an opinion in Hernandez v. Stockton (2023 WL 3142328), affirming the trial court’s granting of a Motion for Summary Judgment on a...more

White and Williams LLP

North Carolina Supreme Court Addresses “Trigger of Coverage,” Allocation and Exhaustion-Related Issues Arising Out of...

White and Williams LLP on

On December 16, 2022, the North Carolina Supreme Court decided Radiator Specialty Co. v. Arrowood Indem. Co., 2022 N.C. LEXIS 1122 (Dec. 16, 2022), in which it addressed coverage issues arising out of claims by individuals...more

White and Williams LLP

Insurance Enters the Fray: Southern District of New York Finds Insurrectionary Intent Sufficient to Apply War Exclusion

White and Williams LLP on

In a September 22, 2022 decision, the U.S. District Court for the Southern District of New York held a commercial general liability policy’s war and financial services exclusions barred coverage for a suit arising out of the...more

Nutter McClennen & Fish LLP

Product Liability 2020 Year in Review

Massachusetts federal and state courts issued a number of important product liability decisions in 2020. These involved a number of rulings on issues surrounding personal jurisdiction. The Product Liability practice group at...more

Carlton Fields

The No Corners Rule? New York Federal Court Holds No Duty to Defend Where There Is No Possible Legal or Factual Basis for...

Carlton Fields on

Under New York law, an insurer’s duty to defend ends if it establishes as a matter of law that there is no possible factual or legal basis on which it might eventually be obligated to indemnify its insured. This rule was...more

Haight Brown & Bonesteel LLP

Inherent Risks Associated with Sports Activities are not Increased by Equipment that is Necessary to the Sport

In Willhide-Michiulis et al. v. Mammoth Mountain Ski Area, LLC, Plaintiff Kathleen Willhide-Michiulis (“Plaintiff”) was involved in a snowboarding accident at Mammoth Mountain Ski Area, which resulted in multiple serious...more

Best Best & Krieger LLP

Appellate Court Upholds Trail Immunity And Protects Pasadena from Liability - Court clarified availability of trail immunity...

Trail immunity has been examined by the appellate courts numerous times over the past 18 months, most recently in Arvizu v. City of Pasadena, where the plaintiff entered a public park after hours and injured himself when he...more

Cozen O'Connor

Ninth Circuit Upholds Bad Faith Award Despite Issues With Policy Limits Demand

Cozen O'Connor on

In Madrigal v. Allstate Indemnity Co., Cause No. 16-55830 (9th Cir. June 15, 2017), the Ninth Circuit upheld a jury award assessing $14 million in bad faith damages, even though it was unclear whether the insurer could have...more

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