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Study: SUVs, Pickups Hit Pedestrians More Often Than Cars Do

Study: SUVs, Pickups Hit Pedestrians More Often Than Cars Do

Drivers of bigger vehicles such as pickup trucks and SUVs are more likely to hit pedestrians while making turns than drivers of cars, according to a new study. The research released Thursday by the Insurance Institute for Highway Safety points to the increasing popularity of larger vehicles as a possible factor in rising pedestrian deaths on U.S. roads.
March 18, 2022 Auto Liability

Colorado’s Justices Reject Individual Claims Adjuster Liability

Colorado’s Justices Reject Individual Claims Adjuster Liability

A person may only hold insurance companies liable for the denial or delay of payments on a claim, and not individual claims handlers, the Colorado Supreme Court ruled on Monday.
March 15, 2022 Liability Colorado

$38.5M Settlement For Nine Injured By Overpass Collapse

$38.5M Settlement For Nine Injured By Overpass Collapse

A $38.5 million settlement has been reached between the builders of a bridge over the 91 Freeway in Corona and nine workers injured when part of the structure collapsed in 2015.
March 15, 2022 Liability Litigation California

Northern District Injects Confusion As To Whether Insurers Can Rely On The Employment-Related Practices Exclusion To Preclude Coverage For BIPA Suit

Northern District Injects Confusion As To Whether Insurers Can Rely On The Employment-Related Practices Exclusion To Preclude Coverage For BIPA Suit

On March 1, 2022, the Northern District of Illinois issued an opinion in Citizens Insur. Co of Am., & Hanover Insur. Co. v. Thermoflex Waukegan, LLC, 20-CV-05980, 2022 WL 602534 (N.D. Ill. Mar. 1, 2022) addressing whether insurance coverage existed for an employer with respect to its employee’s claims of violations of the Illinois Biometric Information Privacy Act.
March 8, 2022 Liability Litigation

MARTA Settles Lawsuits In Contractor’s Death For $17M

MARTA Settles Lawsuits In Contractor’s Death For $17M

MARTA and its insurer will pay $17 million to settle lawsuits stemming from the death of a contractor. Robert Smith of Griffin, 38, was working along the tracks near Medical Center station in June 2018 when a MARTA train struck a vehicle he had been operating.
March 8, 2022 Liability Litigation Georgia

Arbitration Ban Expected To Increase Claims Severity, EPLI Rates

Arbitration Ban Expected To Increase Claims Severity, EPLI Rates

Federal legislation forbidding mandatory arbitration in sexual harassment and assault cases will lead to higher legal costs and possibly higher employment practices liability rates, experts say.
March 4, 2022 Legislation & Regulation Liability Litigation

Beyond Bad Faith

Beyond Bad Faith

Look closely … A trend is emerging. While we were all distracted, navigating the ever-shifting terrain of pandemic life, courts and legislatures moved forward with attempts to hinder fraud-fighting.
March 3, 2022 Fraud Legislation & Regulation Liability Litigation

The Price of Courtesy: Liability for Waving Driver Into Traffic When It Isn’t Clear

The Price of Courtesy: Liability for Waving Driver Into Traffic When It Isn’t Clear

Thomas Fuller once said, ‘All doors open to courtesy.’ It appears that this may now include the courthouse door.
March 2, 2022 Liability Litigation

Insurer Must Defend After Court Deems Coverage Not In Excess To Other Carrier

Insurer Must Defend After Court Deems Coverage Not In Excess To Other Carrier

A former employee of TriPacific Capital Advisors had decided to sue the company and the company president, Geoffrey Fearns, for a variety of employment-related causes, including his termination and compensation. He was seeking compensatory damages no less than $8.9 million.
March 1, 2022 Liability Litigation

Former Employee Sues Tesla Over Safety Non-Compliance, Discrimination

Former Employee Sues Tesla Over Safety Non-Compliance, Discrimination

A lawsuit filed in California on Friday against Tesla by a former manager alleges whistleblowing retaliation, wrongful termination, racial discrimination, and more following many attempts to notify managers and higher-ups of safety violations.
March 1, 2022 Liability Litigation California

Evolving Conceptions Of Gun Liability

Evolving Conceptions Of Gun Liability

Two recent developments - one the result of litigation, the other imposed by statute - warrant insurers’ attention, as they reflect shifts in legal thinking on potential firearms-related liability.
February 28, 2022 Legislation & Regulation Liability Litigation

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

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

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

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

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
Omega Forensic Engineering, IncMid-America Catastrophe ServicesKelmar GlobalWeller Salvage