Historical Lit Watch
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Extreme Obesity Alone is Not Enough for ADA Coverage
September 16, 2019 | Historical Lit Watch
A federal appeals court has refused to revive an employee's suit accusing a past employer of illegally firing him because he was morbidly obese. The court stated that the plaintiff could not show that he was fired due to his weight, and in doing so failed to address the broader issue of whether obesity qualifies as a protected disability under the Americans with Disabilities Act.
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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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Resident Driver Exclusion is Upheld by the Superior Court.
August 26, 2019 | Historical Lit Watch
The Pennsylvania Supreme Court has ruled unanimously that unregistered driver exclusions in auto insurance policies do not violate public policy or the Pennsylvania Motor Vehicle Financial Responsibility Law (PMVFR).
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California Supreme Court Says Confidentiality Agreement Binds Lawyer.
August 16, 2019 | Historical Lit Watch
The California Supreme Court has decided that if a lawyer signs a settlement agreement approving “as to form and content”, that lawyer may be bound by that agreement’s confidentiality provisions.
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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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Camper Injured in Zipline Fall Not Covered by Camp's Insurer
August 05, 2019 | Historical Lit Watch
The US Court of Appeals for the Eighth Circuit ruled that the insurer of a bible conference center was not liable for injuries suffered by a child who fell from a zip line suspended 50 feet in the air.
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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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