News & Analysis as of

Liability Damages Insurance Industry

Cozen O'Connor

Texas Supreme Court Reaffirms Procedure for Litigating Bad Faith Claims in UM/UIM Cases

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In In Re State Farm Automobile Insurance Co. and Lindsey Nicole Dessart, 712 S.W.3d 53 (Tex. 2025), the Texas Supreme Court clarified the proper procedure for litigating bad faith claims related to uninsured/underinsured...more

JUSTICENTER

Consequences of Not Seeking Medical Attention After a Car Accident

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Adrenaline takes over after a car crash. People feel shaken up, but they might think they’re physically fine. They don’t feel pain, so they brush it off and go home. It might not sound like a big deal, but it actually is. ...more

JUSTICENTER

Comparing Turo’s Protection Plans With Your Personal Auto Insurance

JUSTICENTER on

Peer-to-peer car-sharing platforms like Turo have transformed California’s driving scene. Many California residents are choosing to rent out their personal vehicles or book rides through the Turo app. While Turo offers...more

Searcy Denney Scarola Barnhart & Shipley

3 Key Issues for Florida Car Accident Victims: “No Fault” Insurance, Bad-Faith Insurance Practices and Partial Fault

When you get injured in a car accident, your legal rights are determined by Florida law. Due to some unique aspects of Florida law, understanding your legal rights is often easier said than done. With that said, understanding...more

Rodemer Kane Attorneys at Law

Understanding Commercial Truck Accident Settlements in Colorado

Commercial truck accidents, particularly those involving large vehicles like 18-wheelers, can result in very serious injuries for those involved. In Colorado, the process for securing a truck accident settlement involves an...more

Zelle  LLP

Georgia’s Latest Efforts at Tort Reform: SB 68 & SB 69 Reshape the Liability Landscape for Insurers and Policyholders Alike

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In a legislative whirlwind that has left Georgia’s legal landscape noticeably altered, Governor Brian Kemp recently signed into law two landmark tort reform bills—Senate Bill 68 (“SB 68”) and Senate Bill 69 (“SB 69”)—ushering...more

Hinshaw & Culbertson - Insights for Insurers

The Ultimate Social Inflation Survival Guide

Insurance professionals, risk managers, and counsel deal with it on a daily basis, plaintiffs' personal injury lawyers are driving and benefiting from it, consumers and policyholders are paying for it, litigation funders are...more

Clark Hill PLC

Colorado Court of Appeals Holds That the Felonious Killing Exception Applies to Corporations

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In Ross v. Public Service the Colorado Court of Appeals ruled on March 20 that the Felonious Killing Exception applies to corporations. What is the “Felonious Killing Exception?”...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Clarifies Amount in Controversy Requirement in Declaratory Judgment Actions Between Insurers and Their Insureds

Plaintiff’s counsel often employ a range of strategic tactics to defeat diversity jurisdiction because they view federal court as an unfavorable forum. One such tactic is to challenge the amount in controversy—a key...more

Maynard Nexsen

Proposed Tort Reform Legislation in South Carolina: Insurance Industry Perspective

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Comprehensive tort reform legislation is on the agenda for the 2025-2026 legislative session in South Carolina. Senate Bill S. 244 was introduced in January 2025 and recently debated in the Senate Judiciary subcommittee. The...more

Morris, Manning & Martin, LLP

Georgia Senate Introduces Tort Reform Legislation

On January 30, 2025, Governor Kemp introduced his "Tort Reform" plan that would redefine Georgia rules regarding civil trials and litigation financing with the ultimate aim to lower insurance costs. The Senate responded by...more

Chartwell Law

Georgia Tort Reform: Major Legislative Changes on the Horizon

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The Georgia General Assembly convened on January 13, 2025, marking the start of what is expected to be a pivotal year for tort reform in the state. With Governor Brian Kemp and legislative leaders making legal system reforms...more

Maynard Nexsen

Tort Reform in South Carolina: Legislative Actions and Key Issues to Watch in 2025

Maynard Nexsen on

The 2025 South Carolina Legislative Session could see continued discussion on Tort Reform. The Institute of Legal Reform ranks South Carolina’s lawsuit climate 37th in the nation. Tort costs across the state equate to 2.5%...more

Rodemer Kane Attorneys at Law

Dealing With Anxiety After a Car Accident

Car accidents are traumatic events that can leave a lasting impact on victims, not only physically but also emotionally. While the physical injuries can be quite obvious, the psychological effects, such as anxiety, are not...more

Farella Braun + Martel LLP

Sometimes, Insurers Want To Settle!

This summary of a recently filed complaint illustrates one of the worst-case scenarios an insured defendant can find itself in: getting slapped with a verdict in excess of your liability insurance limits.  Here, it was an $11...more

Tyson & Mendes LLP

Barking Up the Wrong Policy

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This case is an eye-opener for every policyholder as it explains the importance of treating an insurance policy as a specialized contract. Insurance contracts have special features, but they are still contracts to which the...more

Searcy Denney Scarola Barnhart & Shipley

The Impact of Pre-Existing Conditions on Personal Injury Claims in Florida

If you’ve suffered any type of personal injury that leaves you with large medical bills, lost wages, pain and suffering, and other damages, you may be able to file suit against the insurance company of the negligent party....more

BakerHostetler

Fifth Circuit Parses Crucial Distinction Between Class Liability Theories and Class Damages Theories

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A recent opinion from the United States Court of Appeals for the Fifth Circuit illustrates the importance of carefully scrutinizing classwide liability theories, even where district courts have flexibility assessing classwide...more

Butler Snow LLP

Eleventh Circuit Affirms Summary Judgment for UIM Insurer in Alabama Bad Faith Case.

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In a recent unpublished opinion, the 11th Circuit upheld summary judgment for an auto insurer on claims of breach of contract, bad faith and outrage stemming from an underinsured motorist (UIM) claim. Voss v. State Farm Mut....more

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