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Love At First Loss

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

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

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

Northern District of Texas Finds Employee Exclusion Bars Coverage for Contractor’s Death

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

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

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

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

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 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?

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

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

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

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

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

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
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