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Various Remaining Claims in Hard Rock Hotel Collapse Sent to Mediation

Various Remaining Claims in Hard Rock Hotel Collapse Sent to Mediation

Nearly three years after the partially built Hard Rock Hotel collapsed and killed three construction workers, a mediator is trying to settle dozens of claims filed in Orleans Parish Civil District Court against the developers and construction contractors, ranging from business losses to worker injuries to death claims.
September 13, 2022 Liability Litigation Louisiana

Fifth Circuit Leans on Well-Established Contractual Interpretation Doctrine to Preclude Coverage Under General Liability Policy

Fifth Circuit Leans on Well-Established Contractual Interpretation Doctrine to Preclude Coverage Under General Liability Policy

To paraphrase Justice Oliver Wendell Holmes Jr., a case 'which appeals to the feelings and distorts the judgment' makes bad law. In the face of exceptionally tragic circumstances, however, the Fifth Circuit Court of Appeals resisted the urge to let its emotions carry the day.
September 12, 2022 Liability Litigation Texas

Luxury Vehicles Destroyed in Car Carrier Crash, Fire on I-95

Luxury Vehicles Destroyed in Car Carrier Crash, Fire on I-95

Interstate 95 between Four Oaks and Benson was shut down for several hours on Sunday night after a blown tire caused a truck hauling expensive vehicles to crash. The driver said he was hauling privately-owned, expensive motor vehicles from New York City to Miami.

All were destroyed by a raging fire. Firefighters who responded to the scene said that tires and batteries were blowing up "like 4th of July fireworks."

The owner-operator of the truck said he had just checked all of his tires at a fuel stop in southern Virginia, but heard what sounded like an explosion behind him before the fire erupted.

He attempted to extinguish the flames at first, but eventually had to flee from the scene when the fire became too large.

The driver, who did not give his name to WRAL News, was concerned about his clients more than for his own loss of livelihood.
September 7, 2022 Auto Liability Subrogation

New Illinois Law Mandates That Insurers Report All Dog Bite Claims

New Illinois Law Mandates That Insurers Report All Dog Bite Claims

It's a great trivia question. Which state has the most dog bite claims? The answer probably won't surprise you -- California, with 2,103 insurance claims in 2020, followed by Florida, Texas, New York, Pennsylvania, Ohio, and Illinois.
September 2, 2022 Legislation & Regulation Liability Illinois

Judge Strikes Down State Ban on Credit-based Insurance Scores

Judge Strikes Down State Ban on Credit-based Insurance Scores

A Washington state judge has struck down a state rule banning the use of credit-based insurance scores. On Monday, Judge Indu Thomas rendered a final order declaring that Washington state Insurance Commissioner Mike Kreidler exceeded his authority when he issued a permanent rule prohibiting the use of credit-based insurance scores.
August 31, 2022 Auto Legislation & Regulation Liability Property Washington

Insurer Found Vicariously Liable for Adjuster Selling Client Information

Insurer Found Vicariously Liable for Adjuster Selling Client Information

B.C.'s public auto insurer has been held vicariously liable for a privacy breach, in which one of its claims adjusters sold client information to a third party that ultimately led to arson and shooting attacks.
August 29, 2022 Liability

Blue Bell’s Carriers Do Not Have to Pay for Listeria Outbreak Damages

Blue Bell’s Carriers Do Not Have to Pay for Listeria Outbreak Damages

Federal Judge Robert Pitman, who presided over the 15-day mistrial of Blue Bell's former president, has ruled in another case involving the Brenham, TX-based creamery. From his Western District of Texas federal court bench, Pitman granted the motion for a summary judgment favoring two insurance companies over Blue Bell Creameries USA Inc.
August 29, 2022 Liability Litigation Texas

New Jersey City Achieved Zero Traffic Deaths With Quick, High Impact Ideas

New Jersey City Achieved Zero Traffic Deaths With Quick, High Impact Ideas

In January 2019, Sarah Risser was in the passenger seat as her son, Henry Zietlow, drove them from Minnesota to Michigan for a ski trip. They were on a Wisconsin highway when an oncoming pickup towing too much weight veered into their lane.
August 26, 2022 Auto Liability New Jersey

Another One Bites The Dust: United P&C To Quit Florida, Louisiana, Texas And NY Homeowners Markets

Another One Bites The Dust: United P&C To Quit Florida, Louisiana, Texas And NY Homeowners Markets

St. Petersburg-based United Property & Casualty Insurance (United P&C) has filed plans to withdraw operations in Florida, Louisiana and Texas and intends to file a plan of withdrawal in New York, its parent company United Insurance Holdings Corp. (UPC) announced Thursday.
August 26, 2022 Insurance Industry Liability Property Florida Louisiana New York Texas

Former Adjusters’ Whistleblower Lawsuit Against State Farm Settled For $100M

Former Adjusters’ Whistleblower Lawsuit Against State Farm Settled For $100M

State Farm Fire and Casualty Co. has agreed to pay the federal government $100 million for potential liability over its handling of flood insurance claims after Hurricane Katrina, settling a lawsuit that two whistleblowers filed against the company more than 16 years ago.
August 25, 2022 Catastrophe Fraud Liability Litigation Mississippi

Brinks Heist Lawsuit: Jewelry Underinsured, Driver Asleep

Brinks Heist Lawsuit: Jewelry Underinsured, Driver Asleep

Last month, thieves stole millions of dollars' worth of jewelry from a Brink's tractor-trailer in a late-night heist, and according to a new lawsuit filed by the security company, one of the drivers was asleep inside the vehicle during the robbery.
August 24, 2022 Liability Litigation California

Sixth Circuit Finds Unregistered Security Exclusion Bars Professional Liability Claim

Sixth Circuit Finds Unregistered Security Exclusion Bars Professional Liability Claim

In Saoud v. Everest Indemnity Insurance Co., the Sixth Circuit Court of Appeals held that an 'unregistered security exclusion' barred coverage for various underlying lawsuits under a professional liability policy.
August 23, 2022 Liability Litigation Michigan

One Flood-Ravaged Kentucky Community Is Suing A Coal Company, Saying Its Negligence Made Damage Even Worse

One Flood-Ravaged Kentucky Community Is Suing A Coal Company, Saying Its Negligence Made Damage Even Worse

Families along Upper River Caney and Lower River Caney roads recall how the floodwaters that rushed through their narrow hollow turned from a muddy brown to a charcoal gray late last month.
August 23, 2022 Liability Litigation Kentucky

Preventing Bad Faith Train Wrecks

Preventing Bad Faith Train Wrecks

Much of the law surrounding extra-contractual or bad faith liability for insurance carriers centers on whether the insurer has properly discharged its duties to its insured early in a claim, such as by agreeing to defend the insured in a newly filed lawsuit.
August 22, 2022 Liability Litigation

Product Liability: $1.7B Verdict Against Ford Motor Company

Product Liability: $1.7B Verdict Against Ford Motor Company

A Gwinnett County jury unanimously imposed a $1.7 billion verdict, the largest in state history, against Ford Motor Co. on Friday in a wrongful death lawsuit stemming from a 2014 rollover crash that killed a Middle Georgia couple.
August 22, 2022 Auto Liability Litigation Georgia
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