October 24, 2023
A Connecticut appeals court has revived a wrongful death claim that tests a narrow exception to the state law that makes workers’ compensation the exclusive remedy for most workplace deaths and injuries. Harold Dusto’s estate blames his death on mesothelioma …
March 17, 2023
An act of physical abuse is not excluded by an abuse and molestation exclusion in a homeowners insurance policy unless the act involves “an imbalance or misuse of power in addition to being physically harmful,” the Massachusetts Supreme Judicial Court …
January 31, 2023
The Connecticut Supreme Court has upheld insurers in two cases where claims for business interruption losses blamed on Covid-19 were denied because there was no direct physical damage. One case involved healthcare facilities Connecticut Dermatology Group, Live Every Day, and …
January 12, 2023
The Missouri Supreme Court threw out a $5.2 million arbitration award to a woman who contracted a venereal disease while having sex with her boyfriend in his car and sought coverage for her “bodily injury” from the boyfriend’s auto insurer. …
November 29, 2022
A tragic accident at a Massachusetts auto auction company is not covered by the insurance of the auto dealer that hired the auction company to sell the vehicle involved in the accident. A federal appeals court has declined to perform …
November 4, 2022
Auto insurer Progressive Insurance is not responsible for a hospital bill incurred by a Massachusetts insured who refused to cooperate with its efforts to investigate the accident claim that led to the medical expenses. Mount Auburn Hospital claimed that Progressive …
November 5, 2021
Utah workers are allowed to sue their employers for an injury caused by their employer’s intentional act. That exception to the exclusive remedy of the state Workers’ Compensation Act was carved out by a state supreme court decision in 1975. …
October 26, 2021
Insurers continue to prevail in the vast majority of lawsuits that seek business-interruption coverage for income lost during COVID-19 shutdowns, but a small minority of state court judges are taking a contrary view. On Monday, Cook County Circuit Court Judge …
June 30, 2021
A group of North Carolina restaurants and an industry group are asking the North Carolina Supreme Court to bypass the Court of Appeals and take up an insurer’s appeal of a trial court decision that found coverage was owed for …
June 29, 2021
An insurer must defend an Illinois equestrian business from a lawsuit filed by a man who was injured when he was run over by a golf cart operated by an employee who was chasing a loose horse, a federal appellate …