News & Analysis as of

Insurance Industry Negligence

Searcy Denney Scarola Barnhart & Shipley

Filing a Wrongful Death Claim After a Fatal Auto Accident in Florida

When someone you love dies in an auto crash, it is a terrible tragedy. When the accident was caused by the actions of a negligent driver, Florida law allows family members to recover compensation for their loss by filing a...more

Marshall Dennehey

Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language

Marshall Dennehey on

For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its...more

Butler Weihmuller Katz Craig LLP

Claimants Can’t Have Their Cake and Eat it Too

Eleventh Circuit Judicially Estops Claimant From Recovering Intentional Tort Judgment Under Errors and Omission Liability Policy - In a rarely seen application of the judicial estoppel doctrine in the third-party coverage...more

White and Williams LLP

Oh, THAT Contract: Ohio Court Bars Plaintiff’s Negligence Claim Based on Subrogation Waiver and Accelerated Limitations Period in...

In Ohio Sec. Ins. Co v. Brakefire, Inc., CA. No. 5:24-cv-267, 2024 U.S. Dist. LEXIS 97606 (Brakefire), the United States District Court for the Northern District of Ohio considered whether a subrogating plaintiff’s negligence...more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

Cozen O'Connor on

The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2024

Rivkin Radler LLP on

The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more

Rivkin Radler LLP

Insurance Update - June 2024

Rivkin Radler LLP on

Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more

Maison Law

California Uber Accidents and Personal Injury Claims

Maison Law on

Uber is a California-born taxi service that relies upon apps on tablets, smartphones, and computers. Requests for service come with a few finger taps rather than hailing for cabs or competing with other taxi riders for...more

Maison Law

Personal Injury Claims Involving Uninsured Drivers in California

Maison Law on

In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more

Wiley Rein LLP

Delaware Court Dismisses Insurers’ Subrogation Action Against Software Provider Over Ransomware Payouts

Wiley Rein LLP on

The Superior Court of Delaware, applying Delaware law, has dismissed two lawsuits filed by nine insurance companies seeking to recover amounts they paid under cyber liability policies from a software company whose customers...more

Morris, Manning & Martin, LLP

Georgia Legislature Overhauls Holt Demand Statute in Effort to Curb Failure to Settle Litigation

On April 22, 2024, Governor Kemp signed into law Senate Bill 83, overhauling Georgia’s statute governing pre-suit time-limited demands (TLD) in auto wreck cases, O.C.G.A. § 9-11-67.1. The amendment aims to reduce or eliminate...more

Morris, Manning & Martin, LLP

Illinois Court Holds That Trafficking Allegations—Including Allegations of Negligence—Are Not “Occurrences” or Are Excluded as...

In Country Mutual Ins. Co. v. Gary Gang Xu et al., 2024 IL App 2202287 (2024), the court considered whether allegations concerning sex trafficking against an insured—including one sounding in negligence—constituted an...more

Perkins Coie

Expansion of Hospital Tort Liability in Washington

Perkins Coie on

The Washington State Supreme Court significantly expanded the scope of potential hospital tort liability for the allegedly negligent actions of nonemployee, independently contracted emergency room service physicians, and...more

Melito & Adolfsen

Accidents, pain, lawsuits, doctors and lawyers. Is the pain real? The Nail Gun Story.

Melito & Adolfsen on

Anyone injured in an accident allegedly caused by the negligence of another can sue for pain caused by the injury. The increasing number of surgeries injuries from accidents is now a major focus of defendants and the...more

ArentFox Schiff

Class Action Year in Review: Biometric Privacy

ArentFox Schiff on

2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...more

White and Williams LLP

Subrogation Waiver Unconscionable in Residential Fuel Delivery Contract

White and Williams LLP on

In a matter of first impression, the Superior Court of Connecticut (Superior Court), in American Commerce Ins., Co. v. Eastern Fuel Corp., No. CV-206109168-S, 2024 Conn. Super. LEXIS 380, held that a waiver of subrogation...more

Maison Law

How to Prove Liability in a California Car Accident Case

Maison Law on

Automobile negligence carries significant consequences for many of its victims and their families. The California Office of Traffic Safety reported nearly 4,300 people died in 2021 in auto accidents. According to the U.S....more

White and Williams LLP

Pursuing Claims Against Minors and Their Parents

White and Williams LLP on

Chris Konzelmann, Partner, hosts the newest episode of the Subro Sessions podcast entitled: “Pursuing Claims Against Minors and Their Parents.” In this episode, Chris revisits a case and discusses the problems that may arise...more

Weber Gallagher Simpson Stapleton Fires &...

The Mystery of the MCS-90

The “Endorsement for Motor Carrier Policies of Insurance for Public Liability”—thankfully shortened to “MCS-90”—is something of a mysterious figure in transportation litigation. The MCS-90 has its roots in the minimum...more

Hinshaw & Culbertson - Insights for Insurers

Grieving Families Act Reintroduced: What New York Insurers Need to Know

On February 5, 2024, New York State Senator Hoylman-Sigal once again brought forth the Grieving Families Act ("GFA") in its latest iteration: Senate Bill 2024-S8485. Continue reading for how this latest version of the act...more

Fox Rothschild LLP

Could the Crumley Verdict Affect Gun Control in the U.S.?

Fox Rothschild LLP on

We wrote the other day about the trial of a Michigan mother charged with involuntary manslaughter for not taking steps to prevent her son from acquiring a gun and taking it to his school where he killed four people. Yesterday...more

Ward and Smith, P.A.

Do I Need a Lawyer for a Car Accident?

Ward and Smith, P.A. on

North Carolina car accident rates are above average compared to the previous five years, with more than 273,000 accidents occurring in 2022. These accidents resulted in 110,544 injuries; many of which were passenger injuries....more

Robins Kaplan LLP

Don’t Shoot The Messenger

Robins Kaplan LLP on

Examining the Applicability of Liability Policy Exclusions to Shooting Incident-Related Claims - Shootings, both on an individual and large-scale level, have become a growing reality in the United States in recent years. In...more

Marshall Dennehey

The Customer is Not Always Right: Considering the Customer’s Conduct When Defending Insurance Brokers

Marshall Dennehey on

Insurance brokers are usually sued when their customers find themselves without the necessary insurance to protect themselves from suit or damages. While brokers can face liability in certain scenarios, they have defenses...more

Marshall Dennehey

Motorist’s Duty Does Not Include Duty to Slow Down in Anticipation of Danger Not Yet Apparent If Driver Is Otherwise Exercising...

Marshall Dennehey on

Glass-Hill v. Gordon, 2023 WL 5202615 (Del. Super. Aug. 14, 2023) - The plaintiff, Glass-Hill, was making a left turn at the intersection of 495 South and Philadelphia Pike when Gordon, a southbound driver on Philadelphia...more

159 Results
 / 
View per page
Page: of 7

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide