News & Analysis as of

Car Accident Summary Judgment Bodily Injury

Marshall Dennehey

Connecticut Court Denies Summary Judgment in Uninsured Motorist Claim Over Unexhausted Coverage Limits

Marshall Dennehey on

Latney v. Fernandez, 2025 WL 457693, No. HHD-CV-23-6168441S (Sup. Ct Hartford, Feb. 6, 2025) - The Superior Court of Connecticut denied a motion for summary judgment to dismiss a claim for uninsured motorist benefits because...more

Tyson & Mendes LLP

Off the App, Off the Hook: Defeating Vicarious Liability

Tyson & Mendes LLP on

A recent Florida appellate decision offers a valuable blueprint for insurers and corporate legal teams seeking to limit exposure in questionable vicarious liability claims. In Campo v. Uber Technologies, Inc., the Third...more

Tyson & Mendes LLP

Crash Course: Why Summary Judgment Misses the Mark in Illinois Multi-Cause Limousine Crash Collision

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In Johnson v. Illinois State Toll Highway Authority, a limousine ride to the airport turned catastrophic when an unlicensed, speeding driver named Aaron Nash (“Nash”) missed a lane shift through a construction zone and...more

Marshall Dennehey

Appellate Court Affirms Trial Court’s Grant of Summary Judgment to Defendant, Finding that Plaintiff Failed to Vault the Verbal...

Marshall Dennehey on

McGovern v. Basich, No. A-3951-21, 2023 WL 8613540 (N.J. Super. Ct. App. Div. Dec. 13, 2023) - This case arose from a motor vehicle accident in which the plaintiff had a green light when her car was struck by the defendant’s...more

Marshall Dennehey

The Delaware Superior Court Dismisses a Pedestrian’s Case in an Unavoidable Accident

Marshall Dennehey on

O'Neal v. Allstate Ins. Co., No. N22C-03-226 MAA, 2023 WL 4704684 (Del. Super. Ct. Jul. 21, 2023) - In a somewhat unusual case, the Delaware Superior Court found that the plaintiff’s negligence in crossing the street...more

Marshall Dennehey

Appeals Court Held That Alleged Violation of Ohio’s Assured Clear Distance Ahead Statute Qualified as a Separate Cause of Action,...

Marshall Dennehey on

Kerns v. Hale, 2023 WL 2820467, No. 21-CA-3970 (Ohio App. Apr. 4, 2023) - This matter involved a pedestrian and motor-vehicle accident—the defendant struck two individuals walking on a highway off-ramp, who were allegedly...more

Marshall Dennehey

Supreme Court of New York, Appellate Division Affirmed Trial Court’s Grant of Summary Judgment in Favor of Plaintiff on Issue of...

Marshall Dennehey on

Mei v. Cheung 187 N.Y.S. 3d 311, (N.Y. App. Div. 2d Dept. 2023) - The plaintiff was struck by the defendant’s vehicle as she crossed the street. Through deposition testimony, the plaintiff demonstrated that she crossed in the...more

White and Williams LLP

Eleventh Circuit Finds No Bad Faith Where Insurer Failed to Provide “Mirror-Image” Response to Claimant’s Demand

In Florida, an insurer is required to work diligently on the insured’s behalf to avoid an excess judgment, with the “same haste and precision as if it were in the insured’s shoes”. Harvey v. GEICO General Insurance Company,...more

Pullman & Comley, LLC

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

Pullman & Comley, LLC on

In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by...more

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