professional negligence News

Minn. Woman Sues Dentist After 4 Root Canals, 8 Dental Crowns and 20 Fillings in a Single Visit

MINNEAPOLIS (AP) – A Minnesota woman has sued her dentist after receiving four root canals, eight dental crowns and 20 fillings in a single visit that she says led to her disfigurement. Kathleen Wilson filed the lawsuit last week in …

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 …

Travelers Wins CGL v. E&O Battle in Insurance Agency Defamation Case

Travelers Casualty Insurance Co. did not owe a duty to defend or indemnify its insured, CBIZ Borden-Perlman Insurance Agency, Inc., in a tort action in which Republic, as another insurer of B-P, bore the litigation and settlement costs, a federal …

Ore. Supreme Holds Claims for Lost Money are No Exception to Statute of Repose

Oregon’s statute of repose bars any action for negligent injury filed more than 10 years after the act or omission that caused the damage, even if money is the only thing at stake, the Oregon Supreme Court ruled Tuesday. In …

Tokyo Court Orders Ex-Tepco Execs to Pay $95B Damages over Fukushima Disaster

TOKYO –– The Tokyo district court on Wednesday ordered four former executives of Tokyo Electric Power Co. to pay 13 trillion yen ($95 billion) in damages to the operator of the wrecked Fukushima Dai-ichi nuclear power plant, the plaintiff’s lawyers …

Tenn. High Court: Presumption Law Protects Agents as Well as Carriers

Under Tennessee law, policyholders who pay their premiums create a legal presumption that they have accepted the terms of coverage. The statute limits lawsuits by underinsured policyholders who thought they had enough coverage but found after a loss that they …

Carrier Loans Money to Claimant for Damages, Collects from Negligence Suit Against Broker

A California appellate court ruled that an insurance brokerage owes its client $461,795.24 for malfeasance in litigation that was financed by an insurer against its own producer, involving damages to a house owned by a church that was intended to …

A Little Knowledge Goes A Long Way Against Defense and Indemnity Reimbursement

When faced with a mixed complaint against the insured, including covered and uncovered claims, insurers oftentimes will reserve their right to seek reimbursement for defense and indemnification payments attributable to the uncovered portion of the claim. The question of reimbursement …

West Virginia Board Awarded $2.6 Million in Lawsuit

The Charleston Sanitary Board will get more than $2.6 million from a company it had hired to make compost out of yard waste and sewage sludge generated in the city. A ruling by Kanawha Circuit Judge Paul Zakaib Jr. said …