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Bodily Injury Waivers

Willcox & Savage

You've Heard of Medicare and ERISA Liens, but What About the Federal Medical Care Recovery Act? The Federal Law Controlling the...

Willcox & Savage on

Claims adjusters are frequently warned to identify and resolve Medicare and Employee Retirement Income Security Act (“ERISA”) liens before finalizing settlements in personal injury claims. But there is another federal law...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court reaffirms invalidation of regular-use exclusion to preclude UIM coverage

Houston Harbaugh, P.C. on

On September 7, 2022, the Superior Court of Pennsylvania held in Jones v. Erie Insurance Exchange that “the regular-use clause of an insurance contract contravenes Section 1731” of the Pennsylvania Motor Vehicle Financial...more

Husch Blackwell LLP

Can You Waive Liability for Reckless Conduct? Iowa Supreme Court Finally Says No.

Husch Blackwell LLP on

Earlier this year, litigants tested the limits of liability waivers under Iowa law. In a 6-1 decision, the Iowa Supreme Court joined the bulk of other jurisdictions and held a contractual liability waiver was not enforceable...more

Nilan Johnson Lewis PA

Minnesota Skiers and Snowboarders Now Liable for Injuries on the Slopes; Are Other Sports Next?

Nilan Johnson Lewis PA on

On January 23, the Minnesota Supreme Court issued a decision that impacts the assumption of risk for skiers and snowboarders within recreational areas. Since the early 19th century, Minnesota has recognized a doctrine about...more

Burns & Levinson LLP

Specificity and Detail in Liability Waivers Are Critical

Burns & Levinson LLP on

Two years ago, in Concerns About Tort Claim Waivers I wrote about how important it was to be specific in your liability waivers to ensure you have as much protection as possible. A recent decision by the Massachusetts...more

Franczek P.C.

Court Upholds Waiver And Release Clause

Franczek P.C. on

An Illinois Appellate Court recently upheld a waiver and release clause in a fitness club’s membership agreement that barred an injured member from seeking damages in court. In Hussein v. L.A. Fitness International, the...more

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