Commercial Lines
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Beach Ball Injury Sparks Conversation About the Serial Comma
December 09, 2019 | Historical Lit Watch
Serial commas can still carry legal significance, as is shown in this case where the court read the exclusion with serial commas, resulting in the preclusion of the insured from defense for a suit arising from an injury caused by a giant inflatable beach ball.
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Statute Prohibited Reimbursement of Defense Costs, Court Found Insurer Entitled to that Reimbursement
September 30, 2019 | Historical Lit Watch
Insurer avoided allegations of bad faith and still complied with the California Insurance Code, leaving the insured appropriately without coverage.
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Replacement Cost Coverage Requires Aesthetic Matching in Hailstorm Claim, Says Seventh Circuit.
September 09, 2019 | Historical Lit Watch
The seventh circuit court of appeals weighs in on the matching debate.
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Injured Uber Driver was not Covered by Uber's Insurer
September 03, 2019 | Historical Lit Watch
An Uber driver who was injured after dropping off a passenger on her return trip to the city she worked out of, is not covered by Uber's insurance policies.
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Exclusions for "War" Did Not Bar Insurance Coverage for Damage Caused by Hamas Rockets.
August 12, 2019 | Historical Lit Watch
The US Court of Appeals for the Ninth Circuit has ruled that an insurance company could not rely on two “war” exclusions in the policy to deny coverage to the insured for damages that the insured suffered after Hamas fired rockets from Gaza into Israel.
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Injuries Suffered During On-the Job Horseplay May be Compensable Under Workers' Compensation.
July 29, 2019 | Historical Lit Watch
Workers' Compensation insurance must pay for workers' injuries that are suffered during on-the-job horseplay.
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52-Day Delay in Disclaiming Coverage Did Not Violate a Requirement for Timely Disclaimer
July 22, 2019 | Historical Lit Watch
The Second Circuit recently confirmed that a liability insurer that waits to deny coverage so that it can investigate the facts giving rise to the disclaimer will not be estopped from denying coverage provided that the insurer does not use the investigation as a tactic to delay the disclaimer.
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Amazon.com Inc. May be Held Liable for Third-Party Product Liability
July 15, 2019 | Historical Lit Watch
After a malfunctioning dog collar caused a woman to lose the sight in one eye, Amazon.com may find itself liable for her injuries, despite the fact that the collar was ordered from a third-party vendor.
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Employee Injured on Long Break Entitled to Workers' Comp Benefits.
July 08, 2019 | Historical Lit Watch
An employee who was injured during an extended break between two shifts is entitled to compensation benefits, because but-for her employment she would not have been exposed to the injuries she suffered.
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Florida Court Narrows Exception to Four-Corners Rule
June 03, 2019 | Historical Lit Watch
June 3, 2019The Court of Appeal of Florida, Third District reversed and remanded the decision of the lower court, narrowing the exception…
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