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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

Bankrupt Catholic Dioceses’ Victim Payout Deals Spurn Insurers

Bankrupt Catholic Dioceses’ Victim Payout Deals Spurn Insurers

Bankrupt Catholic dioceses are buckling to child sex abuse victims' payout demands by offering them valuable rights to directly sue church insurers, riling up questions about the legality of such deals.
November 17, 2022 Liability Litigation

Shoe Production PFAS Contamination Leads to $113M Settlement

Shoe Production PFAS Contamination Leads to $113M Settlement

Wolverine Worldwide operated a shoe making factory in Kent County, Michigan. As part of the shoe production process, chemicals were used to create waterproof material. These chemicals? Per- and polyfluoroalkyl substances.
November 14, 2022 Liability Litigation

Eleventh Circuit Holds Buzz Words in Arbitration Demand Insufficient to Trigger Duty to Defend

Eleventh Circuit Holds Buzz Words in Arbitration Demand Insufficient to Trigger Duty to Defend

On November 8, 2022, the Eleventh Circuit Court of Appeals agreed with the U.S. District Court for the Middle District of Florida that Mount Vernon Fire Insurance Co. did not have a duty to defend Global Travel International Inc. in an arbitration between Global Travel and Qualpay Inc. despite Global Travel's best efforts to bring the claim within coverage.
November 11, 2022 Liability Litigation Florida

Courts Weigh in on Insurers’ Liability for an Insured’s Losses Stemming from a Data Breach

Courts Weigh in on Insurers’ Liability for an Insured’s Losses Stemming from a Data Breach

When a cybersecurity-related incident occurs, an insured should not automatically assume a standard commercial general liability (CGL) policy issued by an insurer will cover their losses, as CGL policies generally afford coverage to an insured for losses resulting from bodily injury and property damage.
November 8, 2022 Liability Litigation

Insurers Refuse to Pick Up Bill for Billions in Opioid Claims

Insurers Refuse to Pick Up Bill for Billions in Opioid Claims

A multibillion-dollar bill is coming due for the U.S. opioid epidemic and insurers for some of the largest drug makers, distributors and pharmacies are refusing to help pay for it.
November 4, 2022 Liability Litigation Delaware

FedEx Appeals $366M Verdict in Racial Discrimination Case

FedEx Appeals $366M Verdict in Racial Discrimination Case

FedEx Corp said it would ask a federal judge in Texas to throw out or reduce a jury's $366 million damages award to a Black former employee who accused the company of disciplining and firing her after she complained about racial discrimination.
November 2, 2022 Liability Litigation Texas

California’s Mosquito Fire to Cost Utility PG&E $100M

California’s Mosquito Fire to Cost Utility PG&E $100M

PG&E Corp. recorded a $100 million third-quarter charge for a California wildfire that its equipment may have sparked last month in the Sierra Nevada mountains.
California's biggest utility said the costs of the Mosquito Fire should be largely offset by insurance and other rate recoveries, according to a filing Thursday with the US Securities and Exchange Commission.
November 2, 2022 Excess & Surplus Lines Liability California

Seattle Homeowners Win Lawsuit After New Home Nightmare

Seattle Homeowners Win Lawsuit After New Home Nightmare

Settling in a new home can take months, but how long should a new homeowner have to notice big problems and sue? The Washington Supreme Court weighed in this week.
October 31, 2022 Liability Washington

State Negligence Broker Liability Claims Allowed by Supreme Court for Trucking Subrogation

State Negligence Broker Liability Claims Allowed by Supreme Court for Trucking Subrogation

Frequently, freight brokers attempt to deny subrogation claims for cargo damaged in transit on a truck by arguing that they are accorded broker status and do not have the same strict liability as a 'Motor Carrier' under The Carmack Amendment.
October 25, 2022 Liability Subrogation

More Fatal Crashes Linked to Tesla’s Automated Technology

More Fatal Crashes Linked to Tesla’s Automated Technology

The National Highway Safety Administration released new data indicating that 10 people were killed in the United States in crashes involving vehicles that were using automated driving systems. The crashes all took place during a four-month period earlier this year between mid-May and September of this year.
October 20, 2022 Auto Liability Technology

Biometric Privacy Perils Grow After BNSF Loses Landmark Verdict

Biometric Privacy Perils Grow After BNSF Loses Landmark Verdict

Illinois' first jury verdict in a biometric privacy class action will likely encourage more litigation in the state and place pressure on businesses to settle those claims long before they reach trial, attorneys say.
October 19, 2022 Liability Litigation Illinois

Cellphone Data Analysis in Personal Injury Litigation

Cellphone Data Analysis in Personal Injury Litigation

Ninety-seven percent of Americans now own a cellphone, and 85% of those own a smartphone, a mobile device that does a lot more than just make and receive calls. In fact, a smartphone can track every aspect of a person's life, including sleep; eating and health trends; location and movement; and social and financial alerts.
October 19, 2022 Liability Litigation Technology
Primeau ForensicsAspen Claims ServiceOmega Forensic Engineering, IncKelmar GlobalNationwide Overspray