Publications
Fourth District Court of Appeal Reversed and Remanded a Final Judgment in Favor of the Insureds Where Prompt Notice Was Not Provided
On February 20, 2020, the defendant was notified of the plaintiffs’ September 10, 2017, Hurricane Irma claim. The policy stated the defendant had no duty to provide coverage if the insureds failed to “give prompt notice” after the loss.
Case Law Alerts, 3rd Quarter, July
Court Rules that Liability Insurance Does Not Cover Claims for Civil Liability Under the Antiterrorism Act 18 U.S.C. 2333(a)
Several insurers sought a declaration that they were not obligated to indemnify the defendant when it resolved underlying claims alleging liability for support of Columbian terrorists.
Case Law Alerts, 3rd Quarter, July
Professional Services Exclusion in GL Policy Issued to Property Inspector Barred Claims for Injuries Resulting from Inspector’s Failure to Replace Floor Panel
The plaintiff was a real estate agent who was injured when she fell through an open inspection panel in the floor of a bathroom at a house that she had listed.
Case Law Alerts, 3rd Quarter, July
Ohio Supreme Court Finds that Hidden Damage Discovered After Appraisal Was Completed and Repairs Commenced May Still Be Recoverable
The plaintiff was insured by the defendant insurance company for property damage to its building, which sustained wind damage in a storm on February 24, 2019.
Case Law Alerts, 3rd Quarter, July
Middle District Upholds Regular Use Exclusion in the Wake of Rush and Takes One Step Further
Datyon was injured while operating his employer’s vehicle and subsequently submitted a claim for underinsured motorist benefits to his personal auto insurer, The Automobile Insurance Company of Hartford, Connecticut, which denied his claim based u
Case Law Alerts, 3rd Quarter, July
Delaware Supreme Court Rules that Attorneys Are Liable for Malpractice Claims If a Sufficiently Developed Record Could Have Impacted the Outcome of a Case
Update: Prior to publication of this alert, the Delaware Supreme Court vacated its earlier opinion in GMG Ins. Agency v. Margolis Edelstein, 2024 WL 1688869 (Del. Apr.
Case Law Alerts, 3rd Quarter, July
Guardian Ad Litem Is Not Immune from Legal Malpractice Claim
The Pennsylvania Supreme Court held that a guardian ad litem (GAL), an attorney appointed to represent the legal interests and the best interests of a minor child in a legal proceeding, is not entitled to quasi-judicial immunity from lega
Case Law Alerts, 3rd Quarter, July
Reckless Disregard to Medical Needs: Calling Paramedics Is Not Enough
The Sixth Circuit considered appellate jurisdiction when there is a question of fact, the extent that a self-serving affidavit can be used in cases with body camera footage, and the bounds of an officer’s responsibility to respond to a medical eme
Case Law Alerts, 3rd Quarter, July
Failure to Comply with Discovery Order Results in Dismissal with Prejudice and Monetary Sanctions
Six claimants asserted causes of action for suitability, churning, failure to supervise, breach of fiduciary duty, breach of contract, unauthorized trading, negligence, misrepresentation and omission of facts.
Case Law Alerts, 3rd Quarter, July
Complex Claimant Scenario Leads to $1 Million Judgment for Plaintiffs
In a case stemming from alleged losses from GWG L Bonds, two out of six claimants had their claims dismissed with prejudice as a sanction for discovery violations.
Case Law Alerts, 3rd Quarter, July