Michael S. Levine | Hunton Andrews Kurth | June 19, 2019 On June 17, 2019, the First Circuit held that an insurer’s duty to defend was triggered because the underlying complaint set forth claims that required a showing of intent as well as claims that sought recovery for conduct that “fits comfortably within the definition of an… Continue reading Claims for Negligence? Duty to Defend Triggered
Tag: Personal Injury
Alarm Cries Wolf in California Case Involving Privette Doctrine
Garret Murai | California Construction Law Blog | April 17, 2019 It’s one of the most quoted phrases in legal history: “Shouting fire in a [crowded] theater.” It comes from the U.S. Supreme Court’s landmark 1919 decision in Schenck v. U.S. and has come to stand for the proposition that not all speech, in particular dangerous speech, is… Continue reading Alarm Cries Wolf in California Case Involving Privette Doctrine
Sox Are ‘Slippery When Wet’: Contractor May be Liable for Injury Caused by Work Installed According to Customer Specifications
Amandeep S. Kahlon | Bradley Arant Boult Cummings LLP | March 21, 2019 An Illinois appellate court recently addressed the scope of negligence liability for a slip and fall injury on a newly installed roof at the Chicago White Sox Stadium. In 2013, a maintenance employee slipped on the roof at the stadium and suffered… Continue reading Sox Are ‘Slippery When Wet’: Contractor May be Liable for Injury Caused by Work Installed According to Customer Specifications
Minnesota Court Allows Punitive Damages Claim Against Contractor
Nicholas A. Loyal | Stinson Leonard Street | February 21, 2019 Punitive damages in construction cases are rare, but the Minnesota Court of Appeals recently allowed a driver to seek punitive damages after he was injured by debris falling from a construction company’s truck. The court’s decision provides a framework for punitive damage claims to… Continue reading Minnesota Court Allows Punitive Damages Claim Against Contractor
Pennsylvania Federal Court Addresses Recurring Asbestos Coverage Issues
Craig O’Neill and Laura Rossi | Complex Insurance Coverage Reporter | January 18, 2019 In a pair of recent asbestos coverage decisions, a Pennsylvania federal court issued rulings addressing expedited funding orders, number of “occurrences,” and the applicability of aggregate limits under the Fourth Circuit’s Wallace & Gale approach. Zurn Industries, LLC v. Allstate Insurance… Continue reading Pennsylvania Federal Court Addresses Recurring Asbestos Coverage Issues