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California Adopts New Restrictions On Time-Limited Settlement Demands

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

Texas Supreme Court To Decide On ERCOT Immunity From Lawsuits After Deadly Freeze

Texas Supreme Court To Decide On ERCOT Immunity From Lawsuits After Deadly Freeze

Lawyers argued before the Texas Supreme Court on Monday over whether the state's power grid operator should be protected from lawsuits, a question that has become especially important after the deadly February 2021 freeze.
January 10, 2023 Liability Litigation Texas

Class Action Lawsuits Set New Billion Dollar Settlement Records In 2022

Class Action Lawsuits Set New Billion Dollar Settlement Records In 2022

In 2022, class action lawsuits, which can create crises for companies and organizations, set new records for the amount of settlements in product liability, consumer fraud, antitrust, and other cases. The total value of the settlements exceeded $63 billion.
January 5, 2023 Fraud Liability Litigation

Judge Says 3M Can’t Escape Liability In Earplug Lawsuits

Judge Says 3M Can’t Escape Liability In Earplug Lawsuits

A federal judge recently told 3M that it may not use 'bad faith manipulation' to avoid its responsibility in a slew of cases against the multinational conglomerate for its allegedly defective earplugs.
January 3, 2023 Liability Litigation Florida

Revisiting The Rules Of Policy Interpretation

Revisiting The Rules Of Policy Interpretation

In Yahoo Inc. v. National Union Fire Ins. Co. of Pittsburgh, the California Supreme Court applied established rules of policy interpretation and found that the definition of 'personal injury' in Yahoo's policy was ambiguous.
December 29, 2022 Liability California

High-End Houston Automotive Shop Burns With 60 Classic Vehicles Inside

High-End Houston Automotive Shop Burns With 60 Classic Vehicles Inside

At least 60 cars were inside a high-end automotive garage that caught fire Tuesday morning, the Houston Fire Department said.
December 22, 2022 Auto Liability Subrogation Texas

The Great Resignation Is Straining Workers’ Comp And Bodily Injury Claims Teams

The Great Resignation Is Straining Workers’ Comp And Bodily Injury Claims Teams

Last year, 56% of insurance companies planned to increase their staff within the next 12 months, per an Insurance Information Institute report.
December 21, 2022 Liability Technology Workers' Compensation

Practical Tips For Evaluating And Investigating Cyber Incidents And Claims

Practical Tips For Evaluating And Investigating Cyber Incidents And Claims

According to a report from the Government Accountability Office, in 2021, American businesses and individuals were the targets of 26,074 cyber incidents, which resulted in almost $2.6 billion in economic loss.
December 21, 2022 Liability

Are Product Liability Insurers Ready To Face Mass Torts?

Are Product Liability Insurers Ready To Face Mass Torts?

Class action lawsuits have long been drivers of social inflation for insurers that provide product liability overage. But now a new legal vehicle, the 'mass tort,' looks to be waiting in the wings.
December 14, 2022 Liability

Employees Of Kentucky Factory Razed By Tornado File New Lawsuit

Employees Of Kentucky Factory Razed By Tornado File New Lawsuit

The owner of a Kentucky candle factory that was destroyed in a deadly tornado last year is facing another lawsuit from workers alleging they were threatened with termination if they left before the disaster struck.
December 13, 2022 Liability Litigation Kentucky

New Minimum Auto Liability Limits May Cause Consumers To Drop Insurance

New Minimum Auto Liability Limits May Cause Consumers To Drop Insurance

Insurance groups argue that new laws in California and New Jersey that raise the minimum auto liability coverage required for drivers may cause price-sensitive consumers to drop their coverage.
December 12, 2022 Auto Legislation & Regulation Liability California New Jersey

Dealership Employee Test-Driving A BMW Crashes Into House

Dealership Employee Test-Driving A BMW Crashes Into House

An 18-year-old man is charged after the vehicle he was test driving veered off the road and slammed into an Elmhurst home on Monday, according to police.
December 7, 2022 Liability Subrogation Illinois

Eliminating Liability For Subcontractor Employee Injuries In California

Eliminating Liability For Subcontractor Employee Injuries In California

'Go back to work.' Those words from the general contractor precipitated the subcontractor employee's injury. Still, the general contractor was not liable.
December 1, 2022 Liability California

Nuclear Verdicts Roil and Rile Trucking

Nuclear Verdicts Roil and Rile Trucking

There's a lot of freight to haul, and some would have the public believe that unsafe players haul most of it. Of course, there are still operators today that knowingly hire suspect CDL holders to operate 80,000-lb. machines that are old, poorly maintained, and still run a lot of miles. But this--in no way -- represents trucking as a whole.
November 28, 2022 Liability Litigation

‘Wrongful Acts’ Includes Both Negligent and Intentional Acts

‘Wrongful Acts’ Includes Both Negligent and Intentional Acts

The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer had a duty to defend an insured condominium association and its board members against an underlying lawsuit because the association's board members allegedly committed 'Wrongful Acts' under the directors and officers coverage part of a business liability policy.
November 23, 2022 Liability Litigation
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