Ryan B. Frazier | Kirton McConkie | August 28, 2017 Have you ever thought about how the word “limit” defines our perceptions of and interactions with the world around us? The concept of a “limit” engenders thoughts of a boundary, an edge, or an end. When we say something is limited, we are suggesting that… Continue reading How Utah Evaluates a Worker’s Entitlement to PTD Benefits
Category: Personal Injury
Even When You Win, You Lose: Subcontractor’s Indemnity Obligation Enforced Despite Being Absolved of Liability at Trial
Scott Murphy | Barnes & Thornburg | July 25, 2017 In Provenzino v Macomb County, 2017 WL 104544 (Mich. App. 2017), the Michigan Court of Appeals reversed the trial court’s decision to dismiss a general contractor’s claim for indemnity where the plaintiff’s allegations arose “in any way” from the subcontractor’s work. The appeals court reasoned that the broad… Continue reading Even When You Win, You Lose: Subcontractor’s Indemnity Obligation Enforced Despite Being Absolved of Liability at Trial
Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation Over Long-Latency Asbestos Injury Cases
John C. Pitblado | PropertyCasualtyFocus | June 2, 2017 Connecticut’s intermediate appellate court addressed a number of novel issues in a wide-ranging opinion regarding primary and excess insurers’ respective duties to defend and indemnify their common insured for long-tail asbestos-related injury claims. The opinion was rendered unanimously and authored collectively by the three-judge panel of Robert… Continue reading Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation Over Long-Latency Asbestos Injury Cases
A Slippery Slope: How Counsel and Experts Can Work Together to Detect Slip and Fall Claims Fraud
Jonathan H. Colman and Angela DiDomenica | CLM Magazine | April 2017 Questionable slip and fall claims aren’t going away anytime soon. According to the National Safety Council, slip and fall incidents are the third leading cause of injury to customers and employees each year, costing American businesses a whopping $70 billion annually in workers… Continue reading A Slippery Slope: How Counsel and Experts Can Work Together to Detect Slip and Fall Claims Fraud
Missouri Court of Appeals Upholds Acceptance Doctrine to Absolve General Contractor of Premises Liability
John A. Watt | Baker Sterchi Cowden & Rice LLC | April 21, 2017 In the case of Wilson v. Dura-Seal and Stripe, the Missouri Court of Appeals for the Eastern District held that the “acceptance doctrine” is still valid law in Missouri, and bars liability against a construction contractor for the injury of a… Continue reading Missouri Court of Appeals Upholds Acceptance Doctrine to Absolve General Contractor of Premises Liability