News & Analysis as of

Bodily Injury Liability Insurance Insurance Industry

Bradley Arant Boult Cummings LLP

Texas Court Exposes Key Gap in Professional Liability Coverage for Home Health Franchisors

In the home health care business? Whether a franchisor, franchisee, or independent agency, beware of bodily injury exclusions in professional liability policies that could eliminate coverage for otherwise covered claims....more

Zelle  LLP

“Occurrence” Provisions Within Excess Policies Support an Exposure Trigger Theory Application for Asbestos-Related Claims

Zelle LLP on

Asbestos fibers, chemical fumes, environmental pollutants—what do they have in common? They all involve injuries that manifest over time and are continuously at the center of the complex exposure trigger debate....more

Rodemer Kane Attorneys at Law

Can You Get Car Insurance the Same Day of an Accident in Colorado?

Car insurance is a legal requirement for all drivers in Colorado. This ensures financial protection for drivers in case of an accident. But what happens if you get into an accident and don't have car insurance? Can you get...more

Zelle  LLP

Redefining What it Means to be a “Domestic Partner”

Zelle LLP on

More often than not, liability coverage and how the courts interpret insurance policies often reflect current social mores and norms. As the dynamics around domestic households and partnerships continue to evolve, who...more

K&L Gates LLP

PFAS and Other Emerging Alleged Contaminants Litigation: Mitigating Risk Through Insurance

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The United States (US) has seen an explosion of litigation in recent years relating to perfluoroalkyl and polyfluoroalkyl substances (PFAS), referred to by some as “forever chemicals” because they are slow to degrade and can...more

Maison Law

California Uber Accidents and Personal Injury Claims

Maison Law on

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

Maison Law on

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

Marshall Dennehey

Denial of Insurer’s Petition for Limited Intervention in Trial Court Action Against Insured to Determine Whether Coverage...

Marshall Dennehey on

Key Points: Trial court’s denial of insurer’s petition for limited intervention to determine whether coverage exclusion applied was immediately appealable pursuant to Pa. R.A.P. 313(b)....more

Houston Harbaugh, P.C.

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

Houston Harbaugh, P.C. on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Total Pollution Exclusion/Crude Oil Leak: Federal Appellate Court Addresses Insurance Coverage Question

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in an October 26th Opinion a company’s Commercial General Liability (“CGL”) policy Total Pollution Exclusion (“TPE”). See Central Crude,...more

White and Williams LLP

Top Developments - September 2022

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Pepsi-Cola Metro. Bottling Co. v. Emp’rs Ins. Co., 2022 Wisc. App. LEXIS 598 (Wisc. Ct. App. July 8, 2022) - Wisconsin Court of Appeals (in a divided decision) holds that a “post-loss” assignment of rights under a...more

Cranfill Sumner LLP

When the Bark is NOT Worse than the Bite

Cranfill Sumner LLP on

Dog Bite Cases in North Carolina - Dog bite claims are common among insurance carriers. The Insurance Information Institute reported $882 million in carrier liability for dog bites and injuries in 2021. In 2020, AP News...more

Wiley Rein LLP

Lawyer’s Professional Liability Insurer has Duty to Defend Suit Alleging Sexual Assault of Client

Wiley Rein LLP on

Applying Maine law, the United States District Court for the District of Maine has held that a legal professional liability insurer had a duty to defend an insured attorney against a suit alleging sexual assault of a client,...more

Ward and Smith, P.A.

What To Do First if You Are Involved in a Car Accident in North Carolina

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As a result of "stay at home" orders and other social distancing guidelines to help stop the spread of COVID-19, fewer North Carolinians are driving. In fact, recent news stories report that some car insurance companies...more

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

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

Patrick Malone & Associates P.C. | DC Injury...

What’s prodding contact sports’ big shifts on head trauma? Insurance companies’ ‘panic’

Parents and young athletes may have wrestled with the decision whether to play contact sports, as research shows the injuries that players can suffer from blows to the head. But lesser known parties to the games may be the...more

Ward and Smith, P.A.

North Carolina Cases Involving Traumatic Brain Injuries

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A traumatic brain injury ("TBI") results from a specific traumatic event causing some type of damage to the brain. Such trauma could be the head being struck by an object or being jolted by a collision, or even having an...more

Carlton Fields

Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability...

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Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a...more

Carlton Fields

Additional Insureds Deserve Attention Too: New York Court Finds Insurer’s Reservation of Rights to Named Insured Did Not...

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Liability insurers issuing or delivering policies in New York are well apprised of the statutory requirement that the insured is to be provided written notice of a disclaimer or denial of a bodily injury or death claim “as...more

Carlton Fields

Fifth Circuit Finds Erosion in Texas—Because Endorsements Are Transformative

Carlton Fields on

In Amerisure Mut. Ins. Co. v. Arch Specialty Ins Co., No. 14-20239 (5th Cir. April 21, 2015), a case that applied Texas law, the U.S. Court of Appeals for the Fifth Circuit recently held that the word “expenses,” as used in a...more

Carlton Fields

Not So Fast: New York’s High Court Relieves Pressure on Liability Carriers to Disclaim Coverage “As Soon As Possible”

Carlton Fields on

Under a New York statute, a liability insurer that denies coverage for a death or bodily injury claim must provide written notice of its decision “as soon as is reasonably possible.” Last year, in Long Island Lighting Co. v....more

Carlton Fields

Louisiana’s Direct Action Statute Does Not Modify Terms of Coverage

Carlton Fields on

“Direct action” statutes permit an injured plaintiff to sue an insurer for coverage under someone else’s policy — the liability insurance policy of the tortfeasor who caused the injury. They have been enacted in only a...more

Cozen O'Connor

Third Circuit Holds Insurer’s Interpretation of Employer’s Liability Exclusion is Fairly Debatable

Cozen O'Connor on

A recent 3rd Circuit decision, ArcelorMittal Plate, LLC v. Joulé Technical Services, Inc., 558 Fed.Appx. 205 (3d Cir. 2014) reiterates that under New Jersey law, an insurer does not act in bad faith when denying a claim that...more

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