Lawsuits Stacking Up Against Norfolk Southern Over Train Derailment And Chemicals Released

Norfolk Southern Railway and Norfolk Southern Corp. are facing multiple lawsuits, including class-action suits seeking over $5 million in damages, following a train derailment and release of toxic chemicals in East Palestine, Ohio, on February 3.
February 23, 2023 Liability Litigation Ohio

Trends in Class-Action Litigation

On Oct. 12, 2022, the Illinois Biometric Information Privacy Act (BIPA), a state law that restricts collection of biometric data, made headlines again when a Chicago jury rendered a $228 million judgment against BNSF Railway Co. in the first BIPA class action to go to trial.
February 20, 2023 Liability Litigation Technology

CMS Moves Forward With Hefty Civil Monetary Penalties For Noncompliance

Primary workers’ compensation, general liability, and no-fault claims payers should be on alert for civil monetary penalties of up to $1,000 per day, per claim, which will be issued against noncompliant claims payers beginning spring 2023.
February 9, 2023 Auto Legislation & Regulation Liability Workers' Compensation

Courts Rule On Additional Insured Endorsements And Vicarious Liability

Since the advent of the modern Insurance Services Office, Inc. (ISO), standard additional insured (AI) endorsement in the early 2000s, many insurance companies have advocated for an exceedingly narrow application, arguing that coverage is available only for the AI’s vicarious liability for the named insured’s acts or omissions.
February 8, 2023 Liability Litigation

Class Action Negligence Suit Filed Over Ohio Train Derailment

Four days after a fiery train derailment in East Palestine, a local couple and a business owner have filed a class action suit seeking damages from Norfolk and Southern Railroad.
February 8, 2023 Liability Litigation Ohio

‘Physical Loss’ In The Context Of Commercial Property Policies For Covid-19-Related Losses In Pennsylvania

With the onset of the Covid-19 pandemic in 2020, businesses across the country were forced to shut their doors and turn to their commercial property insurance companies to seek coverage.
February 3, 2023 Liability Property Pennsylvania

Burned Crash Survivor Rejects Auto Companies’ Attempts To Dismiss Her Claims

Counsel for a Western Pennsylvania woman who suffered third-degree burns over 70% of her body in a motor vehicle crash over two years ago, has refuted denials of liability from two of the defendants named in the subsequent litigation.
February 2, 2023 Auto Liability Litigation Pennsylvania

J&J Bankruptcy Plan To Avoid Cancer Claims Lawsuits Rejected By Court

A federal appellate court on Monday rejected Johnson & Johnson’s attempt to shed its baby powder liabilities by transferring them to a subsidiary and placing that subsidiary in bankruptcy.
January 30, 2023 Liability Litigation

California Court Refuses Summary Judgment To Insurer In COVID Case

A Los Angeles state court on Thursday refused to grant an Allianz SE unit’s motion for summary judgment in a COVID-19-related business interruption case that was returned to a lower court after a pro-policyholder state appeals court ruling.
January 30, 2023 Liability Property California

Homeowner’s Repeated Burst Pipe Damage Claim Denied By Utility Company

San Antonio Water System officials have denied a damage claim filed by a Castle Hills homeowner, despite the same water pipe bursting over and over again in the woman’s front yard.
January 26, 2023 Liability Property Texas

Missouri Supreme Court Vacates $5.2M Judgement Entered Before Insurer Permitted To Intervene

The Missouri Supreme Court ruled unanimously to overturn a lower court’s ruling and held that GEICO should have had a chance to weigh in sooner on the case, and sent the case back to the lower court for further discussion.
January 26, 2023 Auto Liability Litigation Missouri

Former NFL Player Sues Med Mal Insurers, Brokers

Former National Football League player Sharrif K. Floyd, whose career ended after knee surgery, sued a Sompo International Holding Co. unit, a The Doctors Co. unit, Marsh USA Inc. and USI Insurance Services LLC, charging a $10 million shortfall in insurance proceeds.
January 24, 2023 Liability Litigation Florida

Florida Court Upholds Eight-Corners Rule, Rejecting Exception: Extrinsic Evidence Must Resolve Duty to Defend and Be Undisputed

In First Mercury Insurance Co. v. First Florida Building Corporation, 20-cv-1929 (M.D. Fla Jan. 3, 2023), the court rejected an insurer’s bid to have evidence considered outside the underlying complaint concerning the claimant’s employment status to determine the duty to defend. This underlying suit involves a personal injury claim where the claimant sustained severe injuries while working at a construction site.
January 18, 2023 Liability Litigation Florida

Tesla Video Promoting Self-Driving Was Staged, Engineer Testifies

A 2016 video that Tesla (TSLA.O) used to promote its self-driving technology was staged to show capabilities like stopping at a red light and accelerating at a green light that the system did not have, according to testimony by a senior engineer.
January 18, 2023 Auto Liability Litigation California

California Adopts New Restrictions On Time-Limited Settlement Demands

Effective January 1, 2023, new rules govern pre-suit time-limited settlement demands in California. Section 999, et seq. of the California Code of Civil Procedure governs time-limited settlement offers made to a tortfeasor with liability insurance for purposes of settling the claim within the limit of insurance.
January 12, 2023 Liability Litigation California
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