Handling Short-Fuse Policy Limit Settlement Demands

The holidays—parties, family and the spirit of giving. Some personal injury plaintiff attorneys really get into the spirit, hoping to receive the gift of ‘open’ policy limits and unlimited injury recoveries by making short-fused settlement demands that are set to expire right before, during or right after the holiday.
January 21, 2022 Liability

Act Of God Defense In An Era Of Climate Change

A Miami judge’s certification of a lawsuit against Florida’s largest utility company as a $10 billion class action, with damage claims from more than 4 million people who lost power in Hurricane Irma, could have significant repercussions for self-insurers and insurance companies in the years ahead.
January 20, 2022 Liability Litigation Florida

Dog Bites Guest At Home Of Owner’s Parents; Who’s Liable?

Dog bite cases and their factual differences and distinctions abound. Liability is often based on who owned or controlled the dog. But, as a recent case illustrates, another determinant of liability may be where the incident occurred.
January 19, 2022 Liability

PFAS Liability: The Next Major Event?

They go by a fairly innocuous name: Per-And Polyfluoroalkyl Substances, or PFAS. Found in many items from food packaging to firefighting foam, PFAS chemicals have been used for decades.
January 19, 2022 Liability Litigation

Lawsuit Filed Against Amazon Over Illinois Tornado Death

Lawyers on Monday filed a wrongful death lawsuit in Madison County, Illinois against online retailer Amazon and two other companies on behalf of the family of delivery driver Austin McEwen, who was killed Dec. 10, 2021, when a tornado struck the Amazon fulfillment center where he was working.
January 18, 2022 Liability Litigation Illinois

Claims Adjusters’ Fate Lies In State Supreme Court Following Arguments Over Personal Liability

In a case that has drawn the attention and alarm of national industry groups, the Colorado Supreme Court considered this week whether state law allows people to sue insurance claims adjusters personally for delaying or denying payments.
January 13, 2022 Liability Litigation Colorado

Defending Ride-Hailing and Car-Sharing Claims

The sharing economy has grown exponentially in a short period of time. Ride-hailing platforms like Uber and Lyft, and car-sharing platforms like Turo, control a significant part of the sharing economy space.
January 13, 2022 Auto Liability Litigation

Limiting Title III Liability For Website Accessibility

Businesses that operate brick-and-mortar storefronts are likely well aware of Title III of the Americans with Disabilities Act and its prohibition of discrimination on the basis of disability in places of public accommodation.
January 11, 2022 Liability Litigation

Subrogation And The Sudden Emergency Doctrine

It’s happened at least once to every subrogation professional. A significant claim file involving an auto accident in which liability appears to be a lock, suddenly goes into a tailspin when the other side denies the claim because the tortfeasor suffered a heart attack or blacked out as a result of some other sudden medical emergency.
January 3, 2022 Auto Liability Subrogation

Dram Shop Liability: Lawsuits Shutter Popular Bar On Hilton Head Island

The owner of a bar in the popular ‘Barmuda Triangle’ on Hilton Head Island says he was forced to shut down because of lawsuits stemming from the devastating Hilton Head bridge crash that killed three people in May.
December 23, 2021 Liability Litigation South Carolina

Subrogating Automated Driving Systems And Autonomous Vehicle Failures

Imagine beginning your day with a cup of coffee in the car on the way to work, watching the morning news from a holographic projection on the windshield while making notes in preparation for a 9:00 a.m. meeting.
December 22, 2021 Liability Subrogation

Excess ‘Other Insurance’ Provision Does Not Relieve Insurer’s Duty To Defend

The United States District Court for the Central District of California, applying California law, has held that a D&O insurer cannot rely on an excess ‘other insurance’ provision to preclude a duty to defend.
December 21, 2021 Liability Litigation California

EPLI Claims May Increase With Vaccine Mandates

Ongoing uncertainty over COVID-19 vaccine mandates may trigger an increase in discrimination and retaliation claims against employers next year, according to employment practices liability insurance experts.
December 21, 2021 Liability

Insurer Wants Claims From 2019 Pileup Consolidated In Federal Court

The insurer of the tractor-trailer truck whose driver, according to state police, caused a 59-vehicle pileup on Interstate 80 in December 2019 wants all claims from the crash resolved in federal court.
December 16, 2021 Excess & Surplus Lines Liability Litigation Pennsylvania

Standout Decisions On Construction Dispute Cases In California

The construction industry is a key contributor to California’s economy. According to the Associated General Contractors of America, in 2019, the construction sector contributed $118.1 billion of the state’s total gross domestic product.
December 15, 2021 Liability Litigation California
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