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Policy Terms Insurance Industry Negligence

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

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The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2024

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The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more

Maison Law

California Uber Accidents and Personal Injury Claims

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Uber is a California-born taxi service that relies upon apps on tablets, smartphones, and computers. Requests for service come with a few finger taps rather than hailing for cabs or competing with other taxi riders for...more

Maison Law

Personal Injury Claims Involving Uninsured Drivers in California

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In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more

Morris, Manning & Martin, LLP

Georgia Legislature Overhauls Holt Demand Statute in Effort to Curb Failure to Settle Litigation

On April 22, 2024, Governor Kemp signed into law Senate Bill 83, overhauling Georgia’s statute governing pre-suit time-limited demands (TLD) in auto wreck cases, O.C.G.A. § 9-11-67.1. The amendment aims to reduce or eliminate...more

Morris, Manning & Martin, LLP

Illinois Court Holds That Trafficking Allegations—Including Allegations of Negligence—Are Not “Occurrences” or Are Excluded as...

In Country Mutual Ins. Co. v. Gary Gang Xu et al., 2024 IL App 2202287 (2024), the court considered whether allegations concerning sex trafficking against an insured—including one sounding in negligence—constituted an...more

Weber Gallagher Simpson Stapleton Fires &...

The Mystery of the MCS-90

The “Endorsement for Motor Carrier Policies of Insurance for Public Liability”—thankfully shortened to “MCS-90”—is something of a mysterious figure in transportation litigation. The MCS-90 has its roots in the minimum...more

Fox Rothschild LLP

Could the Crumley Verdict Affect Gun Control in the U.S.?

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We wrote the other day about the trial of a Michigan mother charged with involuntary manslaughter for not taking steps to prevent her son from acquiring a gun and taking it to his school where he killed four people. Yesterday...more

Robins Kaplan LLP

Don’t Shoot The Messenger

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Examining the Applicability of Liability Policy Exclusions to Shooting Incident-Related Claims - Shootings, both on an individual and large-scale level, have become a growing reality in the United States in recent years. In...more

Carlton Fields

Contract Claims Dismissed Against Reinsurers and Reinsurance Service Providers, but Negligence Claim Against Service Providers...

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Vantage, the plaintiff, had purchased insurance from Assured Risk Transfer (ART) against the risk that a company to which Vantage had loaned $22 million would default....more

Gray Reed

MSA Indemnity Denied Under The Louisiana Oilfield Indemnity Act

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Cardoso-Gonzales v. Anadarko Petroleum Corp. addressed the all-important indemnity and insurance provisions in Master Service Agreements in light of the Outer Continental Shelf Lands Act and the Louisiana Oilfield Indemnity...more

Carlton Fields

‘Me Too’ Coverage Implications For Employers

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When an employer negligently supervises an employee who commits separate acts of sexual harassment against three different co-workers on separate occasions, how many “occurrences” are there under a standard commercial general...more

Butler Snow LLP

Finally, a happy Additional Insured!

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We have noted, again and again, examples of disappointed Additional Insureds. Today we report that at least one Additional Insured has left the Courthouse smiling. It was, however, to paraphrase Wellington, a near-run...more

Carlton Fields

Georgia Federal Court Rules on Questions of Efficient Proximate Cause, Manifestation/Continuous Trigger and Pro Rata Allocation of...

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In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to...more

Carlton Fields

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

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In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for...more

Carlton Fields

New York’s High Court Holds Additional Insured Coverage Extends Only to Injuries Proximately Caused by Named Insured’s Fault

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On June 6, the New York Court of Appeals in Burlington Insurance Co. v. NYC Transit Authority held that where liability is limited to injuries “caused, in whole or in part” by the named insured’s “acts or omissions,” coverage...more

Butler Weihmuller Katz Craig LLP

Florida's Third District Court of Appeals provides a warning: When insureds communicate about their policy needs, agents better...

In Kendall South Medical Center v. Consolidated Insurance Nation, No. 3D16-926, 2017 WL 1908376, *1 (Fla. 3d DCA May 10, 2017), the Third District Court of Appeals reversed the lower court’s fourth dismissal of Kendall South...more

Carlton Fields

Shot Through the Heart, But the Excess Carrier Isn’t to Blame: Georgia Federal Court Finds Policy’s Broad Firearms Exclusion Bars...

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On June 1, 2017, the U.S. District Court for the Northern District of Georgia granted summary judgment in favor of AIG Specialty Insurance Co. in a case involving the application of the firearms exclusion in Powe v. Chartis...more

Carlton Fields

Georgia Federal Court Finds Policy’s Broad Firearms Exclusion Bars Coverage

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The U.S. District Court for the Northern District of Georgia granted summary judgment in favor of AIG Specialty Insurance Co. in a case involving the application of the firearms exclusion in Powe v. Chartis Specialty...more

Carlton Fields

UK Court Considers Whether Later Conduct Stemming From A Loss Event Should Be Considered A Loss Under An Excess Of Loss...

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This case considers an appeal against an arbitration award concerning whether health claims from persons involved in cleaning up the 9/11 World Trade Center site should be considered to be multiple claims or should be...more

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