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
Tag: Personal Injury
No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured
Tred Eyerly | Insurance Law Hawaii | July 19, 2017 The court found there was no duty to defend a suit for bodily injury against the additional insured where the injury was not caused by the insured. Consigli Constr. Co. v. Travelers Indem. Co., 2017 U.S. Dist. LEXIS 95339 (D. Mass. June 21, 2017). Consigli was… Continue reading No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured
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
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
Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage
Masaki J. Yamada | Ahlers & Cressman PLLC | December 22, 2016 Washington Courts allow an insurer to determine its duty to defend an insured against a lawsuit based only on the face of the complaint and the limitations of the insurance policy. This is otherwise known as the “eight corners” rule (four corners of… Continue reading Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage