News & Analysis as of

Liability Settlement Insurance Claims

Wiley Rein LLP

Insurer Has No Duty to Interplead Policy Limits Under Montana Law When Faced with Multiple Claimants and Potentially Insufficient...

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Applying Montana state law, the United States District Court for the District of Montana has held that an insurer has no duty to interplead its policy limits to satisfy claims by multiple competing claimants and did not...more

Maison Law

Comprehensive Guide for Motorcycle Accident Victims in California

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According to an April 2024 report published by the Journal of Consumer Research, California was the second-deadliest state in terms of fatal road traffic accidents involving motorcycles. The Golden State is known for its...more

JUSTICENTER

What Is the Difference Between a Commercial and Non-Commercial Driver’s License?

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The primary difference between a commercial driver’s license (CDL) and a non-commercial driver’s license is the type of vehicle you are authorized to operate. Commercial driver’s licenses are generally used for business...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

Searcy Denney Scarola Barnhart & Shipley

Traffic Accidents 101

Recovering after a traffic accident is a much more complicated process than most people understand. From determining whether your losses will exceed your PIP coverage to determining who was at fault in the collision, there...more

JUSTICENTER

Should I Hire a Lawyer After a Car Accident in California?

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After a car accident, life can feel overwhelming. You may be dealing with injuries, car repairs, insurance calls, and missed work, all while trying to make sense of what happened. It’s natural to wonder if you need a lawyer...more

JUSTICENTER

Shoulder Injuries Caused by Car Accidents

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Car accidents often cause shoulder injuries. These injuries may affect your ability to work, care for yourself, or move without pain. You may struggle with basic tasks or lose access to activities you once enjoyed. Certain...more

JUSTICENTER

Auto Accident Litigation in California: A Guide to Maximizing Compensation

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Car accidents can be extremely expensive in terms of medical expenses, property damage, and loss of income. An auto accident can also cause overwhelming physical pain and emotional trauma. You deserve compensation for all the...more

Searcy Denney Scarola Barnhart & Shipley

Rear-End Collisions: Why They’re Often Much Worse Than They Look

When people see a car flipped over in an accident, they often react with a shudder and assume it’s pretty serious. Similarly, if you consider what happens when two cars hit head-on, you might assume it would result in a...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

Sheppard Mullin Richter & Hampton LLP

Umbrella Insurer’s “Business Decision” to Pick Up an Insured’s Defense Leads to a Multi-Million Dollar Fraudulent Concealment...

A primary insurer (Truck Insurance Exchange) and an umbrella insurer (Federal Insurance Company) have been involved in a series of lawsuits dating back to 2007. The California Court of Appeal recently ruled that their...more

Maison Law

How California's Pure Comparative Negligence System Works in Multi-Vehicle Accidents

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California is known for many things, including its picturesque Pacific coastlines, lush forests, and diverse landscapes. It is also well known for its entertainment industry, technological innovations, and agricultural...more

A&O Shearman

Insuring data breach liabilities – how different policies can stack up and the problem of late notification

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An English Court has recently decided that three insurance policies covering the same loss – data breach settlements arising from an incorrectly addressed email – provided a combined, cumulative limit of indemnity. While the...more

Carlton Fields

Divided Ninth Circuit Finds Claimant’s Failure to Provide Medical Records Insulates Insurer From Bad Faith Failure to Settle

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If at first you don’t succeed, try, try again. An age-old adage that now provides critical guidance for insurers seeking to protect themselves in the face of bad faith failure to settle claims....more

Stoel Rives - Notice of Appeal

Oregon Supreme Court Clarifies Contribution Rights under the Oregon Environmental Cleanup Assistant Act

Last week, the Oregon Supreme Court issued an important decision interpreting the Oregon Environmental Cleanup Assistance Act (OECAA), clarifying the boundaries of insurer contribution rights and the scope of the statute’s...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

Miles Mediation & Arbitration

Multi-Party Construction Mediations and How to Address Them

Multiparty construction mediations are often complicated due to the number of liability, causation, and damages issues. Whether the mediation occurs prior to litigation or after litigation is initiated, there are several...more

Chartwell Law

Georgia Tort Reform: SB 68 Hot Take(aways)

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Georgia Senate Bill 68 (a/k/a Georgia’s Tort Reform Bill) officially passed the legislature and is now awaiting Governor Kemp’s signature. He is expected to sign quickly. Below is a high-level synopsis of the bill and how it...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Confirms That Liability Insurers Are Entitled to Corroborating Medical Documentation Before Settling a...

Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil Procedure Code section 999...more

Cozen O'Connor

The Latest On Louisiana’s Bad Faith and Claims-Handling Statutes

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On July 1, 2024, the widespread changes to Louisiana insurance law took effect after Governor Jeff Landry signed Senate Bill No. 323 into law as “Act No. 3” (hereafter, the “Act”). With the first anniversary of the Act...more

Maison Law

Avoiding Common Mistakes When Filing a Personal Injury Claim in California

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Filing a personal injury claim can be challenging, especially in a state full of unusual laws like California. Each year thousands of Californians seek compensation for injuries and accidents. California has specific laws,...more

Woodruff Sawyer

Q4 2024 Commercial Insurance Update: A Buyer’s Market Except For Casualty

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The commercial insurance market remains a buyers’ market across all sectors except for casualty. Within the casualty market, workers' compensation stands out as the only bright spot, with rates continuing to decline. In...more

Goldberg Segalla

Refresher: Parking Lot Liability and Ability to Recover Workers’ Compensation Liens in New Jersey

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As the winter months roll on and snow and ice continue to cover the asphalt and concrete, it is helpful to remind ourselves about the state of the law with regard to employee injuries that result from falling down in parking...more

JUSTICENTER

Basic Personal Injury Settlement Breakdown: How Much Goes in My Pocket?

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Getting a personal injury settlement can feel like a huge relief after an accident. But many people wonder, “How much of this settlement will I actually get?” Understanding how settlements are broken down can help you know...more

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