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Challenges Ahead for Potential Lawsuits Against OceanGate Expeditions

Challenges Ahead for Potential Lawsuits Against OceanGate Expeditions

The discovery of the imploded submersible ‘Titan’ has prompted questions regarding OceanGate Expeditions’ liability. While jurisdictional issues and waivers signed by passengers may hinder a lawsuit, misrepresentation of safety could offer a potential legal route. Yet, the company’s possible financial demise following the disaster could render lawsuits moot.
July 11, 2023 Liability Litigation

Auto Claim Denied Due to North Carolina’s Contributory Negligence Law

Auto Claim Denied Due to North Carolina’s Contributory Negligence Law

Roy Jackson was on his way home after running some errands. He was driving along State Route 1104 in Lexington about 5 minutes from his house when a driver heading in the opposite direction suddenly swerved into his lane.
July 7, 2023 Auto Liability North Carolina

Autonomous Vehicles Are Coming to a Street Near You

Autonomous Vehicles Are Coming to a Street Near You

The promise of cars that drive themselves has been just over the horizon for years now -- one of those breakthroughs that’s always coming yet seemingly never arrives. That’s changing, though, and rapidly.
July 6, 2023 Auto Liability

Group Captive Insurance Programs Tackle High Insurance Costs

Group Captive Insurance Programs Tackle High Insurance Costs

One of the largest development firms in New Orleans, whose high-profile projects have included the $530 million Four Seasons Hotel at the foot of Canal Street, has faced some serious "sticker shock" when it comes to its insurance premiums in the last couple years.
July 6, 2023 Liability Property

Unveiling the Truth: The Future of Workplace Cannabis Testing

Unveiling the Truth: The Future of Workplace Cannabis Testing

It’s been less than a decade since Colorado became the first U.S. state to legalize recreational marijuana. Today, it’s legal to consume in 25 U.S. states and territories, as well as in Washington, D.C. But in most of these regions, recreational cannabis use has been legal for less than five years.
July 6, 2023 Liability Workers' Compensation

Who’s at Fault When AI’s Driving a Cargo Ship?

Who’s at Fault When AI’s Driving a Cargo Ship?

It’s 2035 and a maritime court has convened to determine who’s at fault when a seagoing vessel made an error in passage planning -- a safety exercise that maps a voyage from start to finish, including harbour navigation and docking.
June 30, 2023 Liability Marine Technology

Could Insurance Reduce Gun Violence?

Could Insurance Reduce Gun Violence?

Regardless of where one stands on gun control, it’s no secret that gun violence is a prominent issue in the U.S. -- one many agree is worth making policy changes to solve. In fact, some 95% of Americans support some form of restriction on firearm access, according to an April 2023 ValuePenguin survey.
June 27, 2023 Liability

Case Guides Insurers on Crafting Policies for Biometric Privacy Coverage

Case Guides Insurers on Crafting Policies for Biometric Privacy Coverage

Hanover Insurance Group Inc.’s recent loss in a face scan privacy dispute provides a roadmap for insurers on how to craft clearer policy language to avoid having to provide coverage for a policyholder’s biometric privacy violations.
June 26, 2023 Liability Litigation

Insights from the Insurance Litigation Report: Louisiana’s Western District Tops the List

Insights from the Insurance Litigation Report: Louisiana’s Western District Tops the List

From 2020 through 2022, the highest number of insurance cases in the U.S. were filed in the Western District of Louisiana, according to a new report from LexisNexis company Lex Machina.
June 23, 2023 Liability Litigation Property Louisiana

Doubling Down on Damages: As MAP Enrollment Gains Momentum, So Does the Risk for a Private Cause of Action

Doubling Down on Damages: As MAP Enrollment Gains Momentum, So Does the Risk for a Private Cause of Action

Medicare Advantage Plans (MAPs), also known as Medicare Part C, are private insurance plans that provide for a Medicare beneficiary’s Part A and Part B benefits. Beneficiaries can choose to enroll in a MAP rather than traditional Medicare. There also are Medicare drug plans (Part D) that provide for a beneficiary’s prescription drugs.
June 23, 2023 Auto Liability Workers' Compensation

 Man Pleads Guilty in $1.1M Accident Injury Conspiracy Plus COVID-19 Loan Scam

Man Pleads Guilty in $1.1M Accident Injury Conspiracy Plus COVID-19 Loan Scam

A Kansas City, MO, man who formerly lived in Columbia, MO, pleaded guilty in federal court to his role in a $1.1 million insurance fraud conspiracy that involved false claims of injuries suffered in car accidents, as well as to his role in a conspiracy to fraudulently obtain COVID-19 relief benefits.
June 23, 2023 Auto Fraud Liability Missouri

25 Million Dollar Question: Fire, Floods, and Mudslides -- Separate Occurrences or Linked Events?

25 Million Dollar Question: Fire, Floods, and Mudslides -- Separate Occurrences or Linked Events?

The devastation wrought by the 416 Fire, which torched about 54,000 acres of forest north of Durango in 2018, and the damage inflicted by the rains that caused floodwaters and mudslides to flow from the burn scar were two different ‘occurrences,’ says the Durango & Silverton Narrow Gauge Railroad.
June 22, 2023 Liability Litigation Colorado

The Growing Risks of ESG Regulation and Climate Litigation on D&O Liability

The Growing Risks of ESG Regulation and Climate Litigation on D&O Liability

In its 2023 report on trends in directors & officers (D&O) liability insurance policies, Allianz Global Corporate & Specialty highlighted risks associated with evolving ESG regulation and the increasing pace of climate change litigation. According to the report, "companies continue to see pressure around ESG issues as regulations are implemented around the world.
June 22, 2023 Legislation & Regulation Liability Litigation

New Privacy Laws Could Be Kryptonite for Liability Coverage

New Privacy Laws Could Be Kryptonite for Liability Coverage

We are halfway through 2023, and it’s already been another blockbuster year in the biometric litigation universe. The main characters are back -- the Illinois Biometric Information Privacy Act (‘BIPA’) and the justices of the Illinois Supreme Court.
June 22, 2023 Liability

Making the Call: Four Factors To Consider When Taking a Case to Trial

Making the Call: Four Factors To Consider When Taking a Case to Trial

When a construction-related legal dispute cannot be resolved by the parties themselves or with the help of a mediator, a party may feel it has no choice but to take the case to trial -- either to force an adversary to get serious about settlement or because the party believes only a judge or jury could break the deadlock.
June 22, 2023 Liability Litigation
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