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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

California Sues Tesla Over Alleged Rampant Discrimination Against Black Employees

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

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

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

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

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
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