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Negligence › Insurance Industry › Liability Insurance

Conn Kavanaugh

Will Your Homeowners Insurance Policy Provide Coverage for Everything That Could Go Wrong this Summer?

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Memorial Day is approaching and, with it, the unofficial start of summer. Many minds turn to thoughts of cookouts, inviting friends over to swim in backyard pools, and evenings spent playing basketball games on driveways....more

Butler Weihmuller Katz Craig LLP

Claimants Can’t Have Their Cake and Eat it Too

Butler Weihmuller Katz Craig LLP on

Eleventh Circuit Judicially Estops Claimant From Recovering Intentional Tort Judgment Under Errors and Omission Liability Policy - In a rarely seen application of the judicial estoppel doctrine in the third-party coverage...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

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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

Carlton Fields

Fifth Circuit Holds No Liability Coverage for Negligence Claim Premised on Allegations of Intentional Conduct

Carlton Fields on

In Gold Coast Commodities, Inc. v. Crum & Forster Specialty Insurance Co., issued May 22, 2023, the U.S. Court of Appeals for the Fifth Circuit held that a pollution liability policy did not provide coverage for a negligence...more

Payne & Fears

California Appellate Court Rules That Mistakenly Grading the Wrong Land Is Not an Accident

Payne & Fears on

In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the wrong...more

Zelle LLP

Opioid Case May Guide Climate Change Insurance Suits

Zelle LLP on

The rising tide of climate change lawsuits is sure to bring with it a wave of declaratory judgment actions on the issue of whether liability insurers have an obligation to defend fossil fuel producers and other climate change...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

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

Ward and Smith, P.A.

The Importance of Identifying All Applicable Insurance in NC Car Accident Cases

Ward and Smith, P.A. on

Unfortunately, the number of serious car wrecks in North Carolina continues to increase. In 2016, for instance, 130,137 people were injured on North Carolina roadways, a 5.3% increase from 2015. Sadly, 1,441 people lost...more

Ward and Smith, P.A.

North Carolina Cases Involving Traumatic Brain Injuries

Ward and Smith, P.A. on

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

Butler Weihmuller Katz Craig LLP

Duty to Initiate Settlement Negotiations Under Powell not Triggered Unless Liability is Clear

Butler Weihmuller Katz Craig LLP on

In a recent decision, the Eleventh Circuit Court of Appeals affirmed an important order of the United States District Court for the Northern District of Florida in a so-called “Powell claim.” Welford v. Liberty Mutual Ins....more

Carlton Fields

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

Carlton Fields on

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for...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

Arise and Exclude: Artful Pleading Fails to Circumvent Contractual Liability Exclusion

Carlton Fields on

It’s not uncommon for plaintiffs to couch their pleadings in terms that attempt to avoid exclusions in defendants’ liability coverage. The plaintiffs in Bond Safeguard Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh,...more

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