Paul A. Briganti | Complex Insurance Coverage Reporter On October 9, 2020, the New York Supreme Court, Appellate Division, Fourth Department, decided an appeal from a trial court’s 2018 summary judgment ruling on a number of coverage issues arising out of asbestos-related bodily injury claims against plaintiffs Carrier Corporation (Carrier) and Elliott Company (Elliott). See Carrier Corp. v.… Continue reading New York Appellate Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
Tag: Personal Injury
Intoxicated Teen/Trespasser Injured On Construction Site At 3 A.M.: Are The Owner/Developer/General Contractor Liable?
Victor Metsch | Smith Gambrell & Russell If a young adult engages in an athletic competition, and is injured while playing, there may be a defense to third-party liability based upon the doctrine of “assumption of risk“. So does that defense protect a property owner where a person drinks to the point of intoxication; trespasses… Continue reading Intoxicated Teen/Trespasser Injured On Construction Site At 3 A.M.: Are The Owner/Developer/General Contractor Liable?
Masking A Risk – Could Wearing a Face Covering Play a Role in Slip, Trip, and Fall Claims?
Dr. Angela Levitan | CLM Magazine Most of us take walking for granted much like many of us are now taking facial coverings for granted while out and about. The question becomes is there any potential interaction between the two? On the surface many would say, “no,” but let’s take a look at the science.… Continue reading Masking A Risk – Could Wearing a Face Covering Play a Role in Slip, Trip, and Fall Claims?
Be Prepared When Accidents Strike
Clark Samuelson | Framing Issues If you work in the construction industry, there’s a good chance that you have heard a heartbreaking story about an accident that occurred at a construction site which resulted in serious injury or death to one or more construction worker(s). Unfortunately, these accidents are a reality in the construction world… Continue reading Be Prepared When Accidents Strike
Can a Subcontractor Employee File a Personal Injury Lawsuit Against the General Contractor?
Jonathan Rosenfeld | Rosenfeld The general rule in Illinois is that workers’ compensation is an injured employee’s sole remedy for workplace injuries unless certain very limited exceptions apply. 820 ILCS 305/5 states that there is no right to recover for these injuries or death “other than the compensation herein provided.” Of course, the compensation that the statute… Continue reading Can a Subcontractor Employee File a Personal Injury Lawsuit Against the General Contractor?