News & Analysis as of

Insurance Industry Wrongful Death

Searcy Denney Scarola Barnhart & Shipley

Filing a Wrongful Death Claim After a Fatal Auto Accident in Florida

When someone you love dies in an auto crash, it is a terrible tragedy. When the accident was caused by the actions of a negligent driver, Florida law allows family members to recover compensation for their loss by filing a...more

Hinshaw & Culbertson - Insights for Insurers

Grieving Families Act Reintroduced: What New York Insurers Need to Know

On February 5, 2024, New York State Senator Hoylman-Sigal once again brought forth the Grieving Families Act ("GFA") in its latest iteration: Senate Bill 2024-S8485. Continue reading for how this latest version of the act...more

Morris, Manning & Martin, LLP

Georgia Court of Appeals Invalidates Another Insurer’s Acceptance of a Holt Demand Based on Language in Settlement Check

Insurers attempting to accept a time-limited demand (often called a “Holt” demand in Georgia) must adhere to every term and condition of performance therein, even those that appear immaterial; otherwise, a court may find that...more

Presley & Presley

Unique Supplemental Payments Provision Leads to Supplemental Payday

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Supplemental Payments provisions are present in almost every liability policy. These provisions generally detail the insurer’s responsibility for interest and costs awarded in suits that it has undertaken to defend....more

Ward and Smith, P.A.

Do I Need a Lawyer for a Car Accident?

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North Carolina car accident rates are above average compared to the previous five years, with more than 273,000 accidents occurring in 2022. These accidents resulted in 110,544 injuries; many of which were passenger injuries....more

Chartwell Law

New York Governor Vetoes Grieving Families Act

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On December 29, 2023, New York Governor Kathy Hochul vetoed, for a second time, the Grieving Families Act (the Act), a proposed amendment to New York’s wrongful death statute; that statute remains unchanged....more

Rivkin Radler LLP

A Sleeping Giant: New York’s Grieving Families Act

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The pen is mightier than the sword — especially a pen held by a sitting governor. Currently sitting on the desk of New York’s governor is a piece of proposed legislation known as the “Grieving Families Act” which, if signed...more

Miles Mediation & Arbitration

A Chance for Substantial Verdicts: Recent Georgia Medical Malpractice Cases

The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more

Pillsbury - Policyholder Pulse blog

Heads I Win, Tails You Lose: Washington Supreme Court Rejects Insurers’ Efforts to Sell Illusory Insurance Coverage

Courts don’t look kindly upon insurance company shell games. In Preferred Contractors Ins. Co. v. Baker & Son Construction, the Washington Supreme Court slapped down an insurer’s attempt to manipulate the type of general...more

Houston Harbaugh, P.C.

Pennsylvania High Court to Consider Whether Wrongful Death Emotional Distress Damages May Be Included Under Bodily Injury Coverage...

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On October 18, 2022, the Supreme Court of Pennsylvania granted allowance of appeal in Kramer v. Nationwide Property and Casualty Insurance Co. regarding the issue of whether the Superior Court erred by finding that “emotional...more

Rivkin Radler LLP

Insurance Update - October 2022

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Kidnapping, treasure hunts, insurgents shooting down airplanes — sounds like the Fall TV lineup. But no, it’s our October Insurance Update. And in honor of the month’s most treasured sporting event, the Fall Classic, we...more

Rivkin Radler LLP

Insurance Update - September 21 2022

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Some important insurance decisions were handed down over the past month. We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the...more

Rivkin Radler LLP

Insurance Update - June 2022

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Coverage disputes often center on whether the policy language is clear. Under the rules of contract construction, unambiguous language in an insurance policy must be given its plain and ordinary meaning. Sometimes,...more

Cozen O'Connor

Eleventh Circuit (Florida): No Bad Faith for Investigating Claim

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On February 15, 2022, the United States Court of Appeal for the Eleventh Circuit upheld the Southern District of Florida’s summary judgment victory for GEICO, finding that no reasonable jury could conclude that GEICO had...more

Esquire Deposition Solutions, LLC

COVID-19 Litigation: Clear Sailing or Calm Before the Storm?

The last time we looked at litigation arising from the COVID-19 pandemic, it appeared that businesses and their insurers faced a grave risk of being buried by COVID-related lawsuits. So far, however, the worst fears within...more

Wiley Rein LLP

D&O Insurer Has Duty to Defend Wrongful Death Suit Because of “Discrepancy” Between Exclusions

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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...more

Miles Mediation & Arbitration

What We May See as the Legal Side of the Astroworld Tragedy Plays Out

There truly is no adequate remedy for the loss of life that occurred as a result of the fatal crowd crush at the Astroworld Festival on Nov. 5, 2021. Sadly, such tragedies are not new.  A similar one occurred on Dec. 3, 1979,...more

Carlton Fields

California Federal Court Awards Insurer Reimbursement of Settlement Funds Paid on Insureds’ Behalf After Finding Insurer Has No...

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The U.S. District Court for the Northern District of California recently ruled in United Specialty Insurance Co. v. Bani Auto Group Inc. that United Specialty Insurance Co. did not have a duty to indemnify its insureds in...more

White and Williams LLP

Keep on Truckin’: Indiana Applies MCS-90 Endorsement to Intrastate Trips

The Court of Appeals of Indiana recently ruled that, in Indiana, Form MCS-90 endorsements on insurance policies apply to purely intrastate trips, including when the vehicle is on the way to pick up cargo but has not yet done...more

Morris James LLP

Maritime / Boating Accident FAQs

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1. What is the first thing you must do after a boating accident? If you have had a boating accident, you must first take care of the health and safety of the people involved. Ensure everyone is safely on the boat if it is...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 20, August 2020

This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 11

This 11th edition of Unprecedented, our weekly update on COVID-19-related litigation, identifies news reports placing the number of COVID-19 filings at around 2,700, with insurance coverage disputes former the single largest...more

Hinshaw & Culbertson LLP

Commonsense Prevails; Intentional Attack is not an Insured Accident

In a significant and likely influential decision, the Delaware Supreme Court recently reversed a lower court decision and held that the insured's intent—not that of the victim—controls whether or not bodily injury is an...more

Ward and Smith, P.A.

Identifying All Sources of Underinsured Motorist Coverage for Injured Parties in NC Car Accident Cases

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Underinsured Motorist ("UIM") coverage is an incredibly important source of insurance in car accident cases involving personal injuries. Liability insurance pays claims for someone when they are at-fault for an accident;...more

Cozen O'Connor

Fifth Circuit: Covenant Not to Execute is a Settlement — Relieves Primary Insurer of Duty to Defend

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On November 11, 2019, the U.S. Court of Appeals for the Fifth Circuit ruled in Aggreko, L.L.C. v. Chartis Specialty Ins. Co., No. 18-40325, 2019 WL 5866880 (5th Cir. Nov. 11, 2019) that, under both Texas and Louisiana law, a...more

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