Articles by Jim Sams

Nevada Supreme Orders New Trial in Malpractice Case, Finds Assumption of Risk Was a Bogus Defense

A medical provider defending against a malpractice lawsuit cannot introduce evidence about assumption of risk if the patient acknowledges that she gave her informed consent, the Nevada Supreme Court ruled Thursday. “Informed consent evidence is inadmissible, and an assumption-of-the-risk defense …

Illinois Appeals Ct., Thumbing Nose at 7th Circuit, Holds Exclusion Bars BIPA Claims

An Illinois appellate court decided Tuesday that a general liability insurance policy sold to a Waukegan packaging company clearly excluded coverage for violations of the state Biometric Information Privacy Act, saying a federal appellate court decision to the contrary was …

WCRI: Consolidation of Health Care Leads to Higher Costs, Longer Disability Duration

Consolidation of health care services into large corporations that own hospitals, clinics and physician practices may hold the promise of more efficient and better-integrated care, but hasn’t led to better outcomes for workers’ compensation patients, according to a new study …

S. Carolina Insurer’s Bad Faith Causes $27M Loss from Policies with $2.5M Limit

Jose Castillo didn’t ask his insurance company to defend him from a lawsuit that alleged his shoddy construction caused millions of dollars in water damage to a townhouse project, so his insurer didn’t provide a defense. That turned out to …

Thefts and Rising Claim Costs in General Driving Hardening Market for Personal Auto

Vehicle theft rates continue to put pressure on the personal auto insurance market, which suffered an underwriting loss in 2022 even after double-digit rate increases, according to a pair or reports released this week. CCC Intelligent Solutions said in its …

Calif. Work Comp Doc, Arrested Before but Not Convicted, Charged with Insurance Fraud Again

A Northern California doctor is charged — once again — with insurance fraud for allegedly overcharging workers’ compensation insurers for services at his pain management practice. The San Francisco District Attorney’s Office charged Dr. Gary Martinovsky and his office assistant …

Wash. Supreme Ct. Overturns Law Setting 8-Year Deadline for Medical Malpractice Suits

The Washington Supreme Court ruled Thursday that a statute that bars medical malpractice lawsuits filed more than eight years after the date of injury violates the state constitution. In a 7-2 opinion, the Supreme Court answered “yes” to a certified …

Calif. 2nd: Retaliation in Police Citation Quota Case May Not Be an Uninsurable ‘Willful Act’

California Labor Code section 1102.5 prohibits employers from retaliating against employees for refusing to participate in unlawful activities. That explains why, after the city of Whittier paid a $3 million settlement to six police officers who claimed they were disciplined …

5th Circuit: Louisiana Statutes, not Admiralty Law, Govern Actions Against River Boat Pilots

As maritime accidents go, the collision between the M/V Strandja and the M/V Kieffer E. Bailey on the Mississippi River was hardly a catastrophe. A jury determined that damages amounted to only $114,000. But the accident did provide an opportunity …

Illinois Supreme Ct. Questions Prior Rulings, Holds Construction Defects May Be Covered

A long line of Illinois court cases has held that damage caused by construction defects isn’t covered by commercial general liability insurance. Some rulings cited the scope of work, others focused on the nature of the damage and some hinged …