Firefighters Injured In Gas Explosion File $100M Suit Against Property Manager, Owner And Utility Company

Three Dallas firefighters who suffered severe burns in a gas explosion at an apartment complex in September have filed a lawsuit seeking $100 million in damages.
February 25, 2022 Liability Litigation Texas

Family Of Georgia Couple Killed In Train Derailment Sues Amtrak

The family of a Georgia couple who were on a trip celebrating their 50th wedding anniversary when they died in an Amtrak train derailment in Montana has filed a wrongful death lawsuit against Amtrak and BSNF Railway, which owns the tracks.
February 25, 2022 Liability Litigation Illinois Montana

US Litigation Funding and Social Inflation: The Rising Costs of Legal Liability

The US is the centre of the world’s third-party litigation finance (TPLF) industry, in which investors such as hedge funds and family offices finance legal action against companies.
February 17, 2022 Legislation & Regulation Liability Litigation

AV Litigation & Insurance: No Definitive Answer of Who’s at Fault

Legislators, safety advocacy groups, and others are mulling over not only the safety of semi- or fully autonomous vehicles (AVs) but who is at fault and accountable when they’re involved in crashes. So how does that affect insurance and repairers?
February 16, 2022 Auto Liability Litigation

California Sues Tesla Over Alleged Rampant Discrimination Against Black Employees

California’s Department of Fair Employment and Housing is suing Elon Musk’s company Tesla over racism and harassment toward Black employees at Tesla’s plant in Fremont, Calif., according to a lawsuit filed by the state this week. The company has called the lawsuit "unfair."
February 11, 2022 Liability Litigation California

Tesla Driver Sues In Death Of Wife In Crash With Parked Emergency Vehicle

A Tesla Model 3 crash that killed a woman was allegedly caused by failures of the Autopilot system to prevent the Model 3 from slamming into the rear of a firetruck.
February 10, 2022 Auto Liability Litigation California

Insurer Must Defend Despite Your Work/Your Product Exclusion

The United States Court of Appeals for the Fifth Circuit recently confirmed that liability insurers have a duty to defend their insureds in construction defect cases when the underlying complaint alleges damage to property beyond the product and work of the insured, even if the complaint merely implies that the insured seeks such damage, without explicitly alleging so.
February 10, 2022 Liability Litigation Texas

Triple-I, CAS Quantify Social Inflation’s Impact On Commercial Auto

The phenomenon known as ‘social inflation’ accounted for $20 billion in commercial auto liability claims between 2010 and 2019, a new study by Triple-I and the Casualty Actuarial Society (CAS) finds. Social inflation isn’t a new term. Warren Buffett used it in the 1970s to describe ‘a broadening definition by society and juries of what is covered by insurance policies.’
February 8, 2022 Auto Liability Litigation

Insurer Has Duty To Defend Wrongful Death Suit Because Of Discrepancy Between Exclusions

The United States District Court for the Northern District of Ohio, applying Ohio law, has held that a D&O insurer had a duty to defend a wrongful death lawsuit against its insured because of a ‘discrepancy’ between the policy’s exclusion for employment-related wrongful acts and an exception to the policy’s bodily injury exclusion.
February 4, 2022 Liability Litigation Ohio

Love At First Loss

If you ever find yourself in a room of claims and litigation professionals and need a good icebreaker, be sure to ask the person closest to you this question: Did you find the industry, or did the industry find you?
February 3, 2022 Auto Liability Property Workers' Compensation

Massachusetts’ High Court Declares Third-Party Inherent Diminution In Value Auto Damages Are Now Recoverable

When an automobile is damaged in an accident and then repaired, the resale value may be less than a comparable automobile that has not been damaged. In other words, the damage results in a reduction or ‘diminution’ in the resale value of the automobile.
January 31, 2022 Auto Liability Subrogation Massachusetts

City Of San Jose 1st In US To Require Gun Liability Insurance

A California city voted Tuesday night to require gun owners to carry liability insurance in what’s believed to be the first measure of its kind in the United States.



The Silicon Valley city of about 1 million followed a trend of other Democratic-led cities that have sought to rein in violence through stricter rules. But while similar laws have been proposed, San Jose is the first city to pass one, according to Brady United, a national nonprofit that advocates against gun violence.

Council members, including several who had lost friends to gun violence, said it was a step toward dealing with gun violence that Councilman Sergio Jimenez called ‘a scourge on our society."
January 27, 2022 Legislation & Regulation Liability California

Northern District of Texas Finds Employee Exclusion Bars Coverage for Contractor’s Death

Recently, the Northern District of Texas found a commercial general liability policy did not provide coverage for the death of a utility contractor who suffocated after he was buried in a pit of gravel by another worker.
January 25, 2022 Liability Litigation Texas

Florida Senate Extends Health Care Provider COVID Liability Protections

A must-pass bill for Florida’s nursing homes, doctors and hospitals cleared the Florida Senate Wednesday by a mostly partisan 22-13 vote.
January 24, 2022 Legislation & Regulation Liability Florida

Felony Charges For Fatal Crash Involving Tesla On Autopilot

California prosecutors have filed two counts of vehicular manslaughter against the driver of a Tesla on Autopilot who ran a red light, slammed into another car and killed two people in 2019.
January 21, 2022 Liability Litigation California
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