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Law.com

Record Live Event Attendance Prompts Need To Revisit Insurance Policies

As record live event attendance continues to climb post-pandemic, so does the need for proactive safety measures. To defend against liability claims, a venue owner or operator must take pre- and post-accident steps to establish the venue acted with the safety of its guests in mind and bolster a defense that it acted within a reasonable standard of care.
4 minute read

Law.com

Class Actions Claim Progressive Undervalues Totaled Cars

The proposed classes are comprised of Maryland and Kansas residents who received a claim payment that was reduced by a projected sold adjustment based on the valuation report from Mitchell International Inc., a third party that develops software for auto insurance companies to use for claims management. Both classes accused the defendant of breach of contract and breach of the covenant of good faith and fair dealing.
3 minute read

The Legal Intelligencer

Waiving a Liability Insurer’s Right to Subrogation—Is It Appropriate?

An increasingly common source of delay and confusion seems to be whether a contracting party will, or even can, waive its liability insurer’s subrogation rights against the other party, especially when the latter is required to be listed as an additional insured on the first party’s liability insurance policy. At best, confusion in this area can gum up the works during negotiations and slow things down. At worst, it can lead to very unpleasant surprises down the road.
8 minute read

Law.com

Jones Day Client Seeks Indemnification for $7.2M Privacy Settlement, Plus Defense Costs

"CNA only agreed to pay claim expenses incurred on or after April 23, 2024. However, all of the claim expenses were incurred in connection with the civil action, as DOJ was, at all relevant times, investigating the allegations contained in the sealed qui tam complaint," Mark Rotatori, a partner at Jones Day, wrote on behalf of the plaintiff seeking indemnification.
4 minute read

The Legal Intelligencer

The Growing PFAS Morass: Why Insurance Should Cover These Products Liability Claims

With the increase in litigation and the newly minted state and federal regulations, companies of all types will likely be on the receiving end of an increased level of scrutiny from the public and the plaintiffs’ bar about potential claims involving products containing PFAS in some capacity.
9 minute read

New York Law Journal

Southern District Refuses to Grant Summary Judgment Due to Lack of Documentary Evidence Demonstrating That Insured's Misrepresentations Were Material

The authors write "In New York, insurers are generally entitled to rescind an insurance policy issued in reliance on a policyholder's material misrepresentations. This provides insurers with an important tool to avoid paying out claims where the policy was issued based on false information in the application."
10 minute read

Connecticut Law Tribune

Progressive Hit With Class Action After Allegedly Unlawfully Denying Collision Coverage

"Progressive has implemented a systemic, predetermined refusal to offer optional automobile insurance coverages due to a so-called 'binding restriction' that runs counter to established Massachusetts law that limits the circumstances under which an insurer can refuse to offer optional coverages."
3 minute read

Law.com

First Came the SEC, Now Investors Raise Allegations Against Acadia Healthcare

"It is particularly important that health care providers satisfy these requirements when providing services to a vulnerable patient population, such as residents of an inpatient behavioral health facility," Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department's civil division, said.
4 minute read

Texas Lawyer

Dallas Court of Appeals Lets Stand Injury Caused by State Farm Payment Delay

The case calls into question the applicability of two recent Texas Supreme Court opinions: Ortiz and Rodriguez.
4 minute read

Law.com

State Appellate Court Affirms $4M Prejudgment Interest Award on $40M Wrongful Death Verdict

"Here, Farmers retained defense counsel to represent Mason against Mabie's wrongful death claim. In doing so, defense counsel became an agent of Farmers for the purposes of defending Mason in this lawsuit. Thus, defense counsel's receipt of Mabie's settlement offer via certified mail constituted receipt by Farmers," wrote Missouri Appellate Judge Edward R. Ardini.
3 minute read

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