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
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
Personal Jurisdiction Part 2: The Ford Cases [More With McGlinchey Ep. 8]
“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
We cover a broad range of topics in this month’s insurance update. The Supreme Court of Vermont considers how to measure a boat’s capacity under a watercraft exclusion. The Sixth Circuit decides whether an equipment...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
Tort Reform Law Guts Joint & Several Liability in Favor of Proportionate Liability, Not Deepest Pocket - South Carolina enacted a bipartisan tort reform that overhauls joint and several liability to place fault on the...more
A recent ruling from the High Court of Justice (a trial level court) in London, highlights the serious consequences of professional negligence in insurance broking and clarifies how “other insurance” clauses interact with one...more
Comprehensive Tort Reform Bill Clears Georgia Legislature; Expected to be Made Law - The Georgia House of Representatives and Senate have passed a bipartisan, comprehensive tort reform bill. Governor Brian Kemp is expected...more
In the age where cling wrap doesn’t cling and “shrinkflation” is a necessary portmanteau, it’s rare to get more. This is especially true for insurers, whose policies are construed against them when ambiguous, and...more
This is the first in a series of articles addressing critical issues in risk management and insurance for skilled nursing facilities. Owners and operators of skilled nursing facilities know that a claim or lawsuit against...more
Key Points: Supreme Court of Idaho on December 31, 2024, reversed and remanded district court’s grant of summary judgment in favor of builder who asserted negligence claims against its insurance company and sought damages...more
A December 31, 2024, decision from the Supreme Court of Idaho found that adequate notice to an insured required more than the delivery of a policy and, due to the insurer’s failure to do so, coverage under a pre-existing...more
In a landmark decision in 2023, the Oregon Supreme Court in Moody v. Oregon Community Credit Union, 371 Or. 772, 542 P.3d 24 (2023), reshaped the contours of bad-faith insurance litigation in Oregon. This ruling has since...more
Rodrigues v. Shelbourne Spring, LLC, No. A-39-23 (December 12, 2024) - In a unanimous decision, the New Jersey Supreme Court found Hartford Underwriters Insurance Company had no duty to defend the employer, SIR Electric LLC....more
The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and that...more
In Country Mutual Ins. Co. v. Gary Gang Xu et al., 2024 IL App 2202287 (2024), the court considered whether allegations concerning sex trafficking against an insured—including one sounding in negligence—constituted an...more
An Illinois Appellate Court has ruled that an insurer had no duty to defend an insured in connection with a lawsuit arising out of criminal sexual misconduct charges even though the lawsuit contained negligence claims. Prof’l...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 Dorchester Mutual Insurance Co. v. Miville, the Supreme Court of Massachusetts discussed the basis for its reversal of the Superior Court’s grant of summary judgment in favor of Dorchester Mutual based on its...more
The Eastern District of Pennsylvania, applying Pennsylvania law, has held that a healthcare professional liability policy’s sexual abuse/misconduct sublimit applied to claims of negligent hiring and supervision against the...more
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
A federal district court, applying Missouri law, has held that an insurer had no duty to defend or indemnify an insured because the underlying litigation alleged intentional conduct that was barred by an intentional acts...more
In July of 2020, the United States Court of Appeals for the Fifth Circuit revisited and affirmed its prediction that Texas courts will not allow extrinsic evidence to determine an insurer’s duty to defend where such evidence...more
COVID-19 continues to generate litigation in a variety of contexts in the Commercial Division. Only two weeks ago did our colleague Madeline Greenblatt author a blog about COVID-19 not excusing commercial rental obligations....more
Welcome to CICR’s annual review of insurance cases. Here, we spotlight five decisions from the last year that you should know about—and five pending cases to watch. As our picks for “Cases to Know” indicate, 2019 was not a...more
Judge Sanders granted partial summary judgment in favor of Raw Seafoods, Inc. (RSI), a seafood processor, in a coverage dispute with its insurer, Hanover Insurance Group (Hanover). Judge Sanders held that Hanover was bound by...more