Historical Lit Watch
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Massachusetts Appellate Court Reinstates Breach, Unfair Practices Claims Against Zurich
May 22, 2023 | Historical Lit Watch
A judicial panel ruled that JMA, a general contractor, adequately pleaded the breach of contract claim based on Zurich's nonpayment of JMA's defense costs and reinstated JMA's claims for reach of contract and unfair or deceptive practices.
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Promotion Not a 'New Hire Date' for Workers Comp Purposes
May 15, 2023 | Historical Lit Watch
"There simply was no period of time from the plaintiff's hire in 1983 until his retirement in 2016 at which the plaintiff was not a regular member of the Bridgeport Police Department," the court said.
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Lawyers Seal $1.2M Jury Verdict for Client Injured in Bus Collision
May 08, 2023 | Historical Lit Watch
The attorneys for an Atlanta woman injured in a low-impact collision with a city bus employed an unusual tactic in obtaining a $1.2 million jury award for their client.
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Abuse Exclusion Not Applicable to Single Push
April 30, 2023 | Historical Lit Watch
The justices of the Supreme Judicial Court of Massachusetts found the term "physical abuse," as used in the abuse and molestation exclusion in the homeowners' policy, was ambiguous, and that a single pushing incident was "abuse" as contemplated by the exclusion.
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Pa. Court Draws Line Between Coverage and Reimbursement for Medical Marijuana
April 24, 2023 | Historical Lit Watch
The judges of the Commonwealth Court of Pennsylvania pointed out that, while "coverage" refers to a specific risk included by an insurance policy, "reimbursement" means paying someone back for money already spent.
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Crime Policy Comes To Rescue of Texas Tax Firm
April 17, 2023 | Historical Lit Watch
Because Ryan was unlawfully deprived of the $346,612 paid to Weaver, the Fifth District Court of Appeals found there was coverage under the Employee Theft provision of the policy.
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W. Va. High Court Finds No Duty to Indemnify Mining Company Against Wrongful Death Suit
April 10, 2023 | Historical Lit Watch
The Supreme Court of Appeals of West Virginia reversed and remanded a circuit court decision that had found a mining company was owed the duties of defense and indemnity for a wrongful death suit arising out of a fatal mining accident.
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Personal Umbrella Policy Not Required to Defend or Indemnify False Imprisonment Charge
April 03, 2023 | Historical Lit Watch
"The trial court found that the plaintiffs satisfied their burden of establishing ... that the false imprisonment arose out of the defendant's business pursuits, and that the business pursuits exclusion bars coverage," the opinion said.
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Participation in Joint Insurance Fund Does Not Equate Insurance
March 27, 2023 | Historical Lit Watch
A unanimous New Jersey Supreme Court has ruled that a city's participation in a state insurance fund does not trigger liability coverage under a policy issued by Star Insurance Company.
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Unethical Practices Pause Nearly 1,700 Cases
March 20, 2023 | Historical Lit Watch
A judge from the Eastern District of Louisiana has dismissed a case where the plaintiff's attorney didn't actually have an agreement with the plaintiff when the suit was filed.
