Articles by Andrew G. Simpson

Dealerships that Loan Cars to Customers Protected from Vicarious Liability, Mass. Court Rules

Massachusetts car dealerships that provide customers with a courtesy vehicle to use while their car is being repaired are protected by federal law from liability should the courtesy car be in an accident, despite a state law that presumes the …

Mass. Judge Rejects Class Certification for Diminished Value Auto Claims

A judge in Massachusetts has denied class certifications for claimants seeking payments from two insurers for the lost resale value of their motor vehicles that were damaged in accidents and then repaired. Suffolk County Superior Court Justice Kenneth W. Salinger …

Federal Regulator Throws Wrench Into Massachusetts Right-to-Repair Plans

A right-to-repair motor vehicle law in Massachusetts that was passed by voters two years ago but been held up in court has hit what could be a major roadblock. A federal regulator says car manufacturers cannot obey the law, which …

N.Y. Lawmakers Send Bill Overhauling Wrongful Death Law to Governor

New York lawmakers have again overwhelmingly passed legislation to overhaul the state’s 1847 law that governs damages that can be awarded in wrongful death cases. But it’s unclear whether the latest version of the Grieving Families Act will pass muster …

Time Lag Does Not End Insurer’s Duty to Defend, Court Rules

A federal court in New York has reiterated that a time lag between the date a trip-and-fall accident occurred and when the conduct alleged to have caused it took place does not itself relieve an insurer of its duty to …

Theater Owner and Insurer Agree to Drop Litigation over COVID Claims

An owner of Broadway theaters and Pacific Indemnity Insurance Co. have voluntarily agreed to end their remaining litigation over COVID-19 coverage claims. Under the stipulation filed May 11, each party will bear its own attorneys’ fees and other costs. The …

N.H. Supreme Court Rejects Cat Urine Analogy for COVID Claim

The New Hampshire Supreme Court has overturned a trial court that had found for a group of 23 hotels claiming they were entitled to insurance payments for business interruption losses caused by contamination of their properties by COVID-19. Agreeing with …

Five Workers Injured, One Missing After Chemical Plant Explosion

One worker is missing and the building is severely damaged after an early morning explosion at a pharmaceutical chemical plant in a business park in Newburyport, Massachusetts. Five workers were in the building at the time of the explosion. Four …

School Board: Workers’ Comp Bars Suit by Teacher Shot by 6-Year Old

The Newport News public school board says the $40 million lawsuit filed against it by the teacher who was shot by a six-year old is barred by the state’s workers’ compensation law that is the exclusive remedy for workplace injuries. …

3rd Circuit Grants Pa. Hospital Chance to Restore Malpractice Coverage

A federal appeals court is giving a Pennsylvania hospital another opportunity to have $1.75 million of its medical malpractice insurance coverage restored. The $1.75 million represents the difference between the final arbitrated settlement of $7.75 million and the plaintiff’s earlier …