John A. Rine and Sarah Hock | Lewis Brisbois On New Year’s Eve, Florida’s Supreme Court issued an amendment to essentially apply the federal summary judgment standard to cases in Florida state courts starting on May 1, 2021. See In Re: Amendments to Florida Rule of Civil Procedure 1.510, No. SC20 1490 (Fla. Dec. 31, 2020) (per curiam).… Continue reading Florida Adopts Less Stringent Summary Judgment Standard
Category: Insurance
Settling Subrogation Claims and the Dreaded Release
Gary L. Wickert and Lee R. Wickert | Claims Journal The bane of any subrogation professional’s existence is the dreaded release. It is no coincidence that when Zeus uttered the words, “Release the Kraken!” in the 1981 fantasy adventure film The Clash of the Titans, he chose the word “Release.” The meme itself connotes setting loose utter… Continue reading Settling Subrogation Claims and the Dreaded Release
Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context
Kathleen A. Nelson and Jonathan R. Missen | Lewis Brisbois Bisgaard & Smith The law in the State of Washington, albeit clear on issues regarding first party claimants, was recently challenged in the matter of Eye Associates Northwest, P.C. v. Sedgwick et. al. However, despite this challenge of first impression, the court limited the application of… Continue reading Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context
Oregon Court of Appeals Addresses Economic Loss Doctrine and Vicarious Liability in Construction Dispute
Blake Robinson | Davis Wright Tremaine The Oregon Court of Appeals recently issued a decision touching on the economic loss doctrine and vicarious liability in a construction dispute.1 The outcome provides key lessons for manufacturing companies that may maintain principal-agent relationships with distributors or maintenance service companies based on the level of control one party exerts… Continue reading Oregon Court of Appeals Addresses Economic Loss Doctrine and Vicarious Liability in Construction Dispute
State Farm Pilot Uses Sensors to Detect Wiring Defects That Can Cause Fires
Jim Sims | Claims Journal State Farm is sending sensors that can detect hazards in electric wiring to 40,000 homeowners in California, Arizona and Texas as part of a pilot project that will measure potential savings and customer acceptance. Mike Fields, a State Farm vice president and leader of the insurer’s Red Labs team, said… Continue reading State Farm Pilot Uses Sensors to Detect Wiring Defects That Can Cause Fires