Publications
Permitting a Driver to Borrow a Vehicle with a Malfunctioning Gas Gauge Was Not a Proximate Cause of Deadly Accident Where Driver Was Struck by a Hit-and-Run Driver While Standing Outside the Vehicle After Running Out of Gas.
The decedent driver had borrowed a vehicle from the defendant owner that had a malfunctioning gas gauge. The decedent ran out of gas and was forced to stop on a two-lane highway with a 50-miles-per-hour speed limit.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
While Transit Entity Was Not Entitled to Summary Judgment Based on Municipal Immunity Where Issue of Fact Existed Whether Bus Driver Was Negligent, Driver Himself Was Entitled to Summary Judgment.
This matter addressed the applicability of Ohio’s sovereign and municipal liability laws as they pertain to transit companies and their drivers/employees.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Insurance Company Not Required to Defend and Indemnify School Bus Transportation Company or School District in Case of Student-on-Student Physical/Sexual Assault Aboard School Bus.
In a case that could have a significant impact on school transportation companies and school districts that provide their own transportation services, the federal appeals court has held that physical and sexual assault allegations, predicated upon
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court Reiterated Prevailing Standard in Pennsylvania for Establishing Existence of ‘Special Relationship’ Between Insurance Customer and Insurance Broker.
The court granted the defendant’s motion to dismiss to strike references to a “special relationship” owed to the plaintiffs premised on the defendant’s purported “cultivat[ion of] a relationship of trust and confidence.” The court agreed with the
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Superior Court Further Strengthens Statute of Repose Construction Defense.
The Superior Court of Pennsylvania recently affirmed the defendants’ motion for summary judgment dismissing the plaintiffs’ construction defect claims on the grounds that their action was not commenced within the 12-year time period set forth in 4
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Ohio Supreme Court Applies Tort Conflict of Law Rules to an Insurance Bad Faith Claim.
In this 5-2 decision from the Ohio Supreme Court, the majority held that the tort conflict of law rules found in Section 145 of 1 Restatement of the Law 2d, Conflict of Laws, apply to an insurance bad faith lawsuit.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Ohio Supreme Court Applies Contract Language to Determine if Permissive User Qualifies as an Insured Under a Personal Auto Policy.
This lawsuit involved a dispute as to which insurance policy should provide liability coverage for an auto accident. The driver, Ashton Smith, was insured by Acuity. He was driving a car insured by Progressive.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Florida Court of Appeals Holds that an EEOC Charge Does Not Need to Specifically Allege the Florida Civil Rights Act to Exhaust Administrative Remedies Prior to Filing a Lawsuit.
Florida’s Second District Court of Appeal examined the issue of whether section 760.11, Florida Statutes, requires that the aggrieved party cite to the Florida Civil Rights Act (FRCA) in a charge filed with the EEOC.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Florida Court of Appeals Maintains Its Position on the Presumption of Prejudice as to Untimely Notice.
The trial court granted the defendant’s motion for summary judgment by applying the presumption of prejudice in a case where the insureds submitted a claim for Hurricane Irma damages almost three years after landfall.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court Holds that MVFRL Does Not Require Insurers to Provide a Later-added Named Insured Notice of Opportunity to Elect or Waive Stacked Coverage.
Mr. Golik was issued an auto insurance policy by the defendant in 1992. After marriage, Mrs. Golik was added to the policy as a named insured. Mr. Golik had signed a stacking of coverage waiver at least twice before Mrs.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.