Bar Exam Toolbox Podcast Episode 319: Spotlight on Torts (Part 3 – Strict and Vicarious Liability)
Bar Exam Toolbox Podcast Episode 317: Spotlight on Torts (Part 2 – Intentional Torts)
Bar Exam Toolbox Podcast Episode 316: Spotlight on Torts (Part 1 – Negligence)
Bar Exam Toolbox Podcast Episode 315: Listen and Learn -- The Breach Element of a Negligence Claim (Torts)
Podcast - Ohio State Senator Has a Bone to Pick with Court Ruling on Boneless Wings
Bar Exam Toolbox Podcast Episode 247: Listen and Learn -- Negligence: Factual Causation
Law School Toolbox Podcast Episode 382: Listen and Learn -- Negligence: Proximate Cause
Hinshaw Insurance Law TV – Cybersecurity Part Two: The Rise in Cyber Negligence Cases
Law School Toolbox Podcast Episode 347: Listen and Learn -- Assumption of Risk (Torts)
Cyberside Chats - Zero Trust and Cyber Negligence: A conversation with Dr. Zero Trust Chase Cunningham
Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Law School Toolbox Podcast Episode 318: Listen and Learn -- Negligence: Duties of Professionals and Children
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 147: Listen and Learn -- Negligence: Duties of Professionals and Children
The Risk of Personal Injury Claims from COVID-19 and What to Do About It
The Year Ahead: Litigation Hot Spots at a Glance
Episode 1 | Where Have You Gone Mrs. Pfalsgraf?
COVID-19 in the Workplace - PPP Update, COVID Plans from the Biden Transition Team, Higher Education Relief Package Provision, COVID WARN Act Developments
Bar Exam Toolbox Podcast Episode 107: Listen and Learn -- Assumption of Risk (Torts)
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
“Arising out of” is a phrase commonly found in an insurance policy. It’s a broad phrase, and courts construe it that way. When this phrase appears in an exclusion, courts often apply a “but for” causation test. And that may...more
In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more
We touch upon several issues in this month’s update. Negligent breach of contract: Courts recognize that a CGL policy does not cover breach of contract claims. But where the insured is accused of negligently performing its...more
In the last few years, the video game industry has been hit with lawsuits accusing certain games of fostering addictive behaviors, especially among younger players. These lawsuits often cite features like loot boxes,...more
Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update. When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply? ...more
In Westfield National Insurance Co. v. Quest Pharmaceuticals, the Sixth Circuit held that two insurers owed no coverage obligations to Quest Pharmaceuticals in connection with 77 lawsuits filed against it alleging misconduct...more
Not many cases in Florida analyze Professional Services Exclusions in general liability policies. However, on September 16, 2022, the Eleventh Circuit Court of Appeals released an order providing some clarification about the...more
Our July Insurance Update is here. This is what we discuss. “Hoosier” daddy? When a Little Daddy’s bouncer chased a drunk patron from Big Daddy’s parking lot, who knew it would lead to the Indiana Supreme Court...more
In Vermont Mutual Insurance Company v. Poirier, the Massachusetts Supreme Judicial Court (SJC) ruled that attorney’s fees awarded under M.G. L. c. 93A are not covered by a Businessowner’s Liability Policy, because such fees...more
Obtaining additional insured coverage is one critical tool in the risk transfer toolbox. Owners and contractors on construction projects routinely ask “downstream” contractors and subcontractors to sign contracts wherein the...more
Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and...more
An insurance coverage case brought by McDonald’s and two of its franchisees (collectively, “McDonald’s”), raised a novel question in Illinois state court. The question was whether or not costs to comply with a mandatory...more
When a named insured is only 1% responsible for an accident, what percentage of indemnity coverage is owed to an additional insured? A recent New York federal court says 100%. In New York, additional insured coverage may very...more
As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more
As states push to re-open, retailers will be balancing the welcome prospect of renewed business and cash flow against the fear and cost of claims that could be made against them by customers, vendors, subcontractors, and...more
In the face of a fire that results in damage to multiple units of a commercial building, it can be difficult for insurers to determine the scope and extent of coverage available under a commercial general liability policy....more
On May 1, 2019, the U.S. District Court for the Middle District of Georgia held that a firearms exclusion in a general liability insurance policy applied to bar coverage for an underlying action arising from a shooting at the...more
Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App....more
A commercial lease symbolizes a consensual relationship between parties that can be enduring and rewarding, or short-sighted and emotionally and financially taxing. Entering into a clearly drafted lease agreement at the...more
Sadly, individuals are injured across North Carolina every day in many different ways. When injuries, or even deaths, happen, it often isn't the injured or deceased person's fault. In these cases, the injured person or...more
It’s time-proven advice: Never underestimate the power of an apology. This is true even in a legal context, and especially during a corporate crisis—an event with the potential to materially harm a company’s reputation or...more
In Philadelphia Indemnity Insurance Co. v. Hollycal Production, Inc., Hollycal Production, Inc., was retained to take aerial photographs of a wedding that took place in April 2016. During the wedding, a drone operated by a...more
A federal district court in Florida has ruled that a claim against a policyholder arising out of a hacker’s theft of confidential credit card information was not covered under a commercial general liability (CGL) policy. St....more
In addition to being a great place to find lobster, Maine may also be one of the country’s best jurisdictions for a policyholder seeking defense from its commercial general liability carrier. In Zurich American Ins. Co. v....more