
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
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."

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

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



