causation News

N.C. Supreme Restores Award to Injured Truck Driver, Reversing Appeals Panel

An injured truck driver described as “pretty tough” by her doctor after she finally sought treatment more than a year after a back injury was eligible for total temporary disability benefits despite the late notice, the North Carolina Supreme Court …

Viewpoint: Tennessee’s Emerging Trend of Enforcing Appraisal

The long-established law of Tennessee is that the appraisal process does not resolve questions of causation or coverage. This principle, espoused in the case Merrimack Mut. Fire Ins. Co. v. Batts, 59 S.W.3d 142, 152-53 (Tenn. Ct. App. 2001), remains …

Viewpoint: Tenth Circuit Court of Appeals Finds Policy Appraisal Clause Allows Causation Determinations

In BonBeck Parker, LLC v. Travelers Indemnity Co. of America, 14 F.4th 1169 (10th Circ. 2021) the Court held that the Travelers’ policy permitted either party to request an appraisal on “the amount of loss,” which was a phrase with …

Viewpoint: Vehicle Need Not Be in Motion for Accident to Occur, Miss. Supreme Ct. Rules

The Mississippi Supreme Court ruled in April, on first impression, that an automobile did not need to be in motion for an “auto accident” to occur. In Mississippi Farm Bureau Casualty Insurance Co. v. Powell, the court ruled that an …

N.Y. Court Reverses SWCB, Awards Benefits to Widow of World Trade Center Recovery Worker

A New York appellate court on Thursday reversed the State Workers’ Compensation Board and awarded death benefits to a court employee who contracted cancer years after participating in the rescue and recovery effort after the World Trade Center attack. A …

New York Case Tests Limits of Criminal Blame

A New York man is about to go on trial in vehicular homicide case that tests the limits of criminal consequences. He wasn’t behind the wheel when a police officer was struck and killed – he was leaning against the …

Evaluating Injury Causation in Low Speed Automobile Collisions

Low speed motor vehicle collisions are a common occurrence. The use of cellular phones, text messaging, and e-mailing while driving has only increased the frequency of low speed motor vehicle collisions. A collision where there is only minor damage to …