Articles by Jim Sams

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 …

Illinois Supreme Rules UM Insurance Can’t Be Restricted to Occupants of Covered Vehicles

The Illinois Supreme Court on Thursday affirmed an appellate court ruling that found that injuries to a 14-year-old boy who was struck by a car while riding his bicycle are covered by his father’s uninsured motorist policy despite language that …

10th Circuit: No Coverage Due Under Owner-Controlled Insurance Program for $22M Verdict

A multinational company that maintains power plants operated by electric utilities cannot turn to its customer’s owner-controlled insurance program for coverage after a losing a jury trial that resulted in a $222 million verdict. A panel of the 10th Circuit …

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 …

Houston Plaintiffs’ Attorney Sanctioned for ‘Groundless’ Lawsuit Against Insurer

A Texas judge has ordered a Houston plaintiffs’ attorney to reimburse an insurer $137,000 for the legal fees it expended to defend itself against a “frivolous” and “groundless” lawsuit that was filed “solely for the purpose of harassment.” Harris County …

N.J. Supreme Cites ‘Authorized Vehicle Rule,’ Awards Benefits for Auto Crash

Typically, workers who are injured during their commute to work aren’t eligible for workers’ compensation benefits. The New Jersey Supreme Court highlighted an exception to that rule in a unanimous decision Tuesday. The high court held that a pest control …

Texas Supreme Ct. Reverses Sanctions, Finds Carrier Had Right to Medical Records in UIM Case

The Texas Supreme Court on Friday reversed a Dallas County judge’s decision to sanction an insurer for making an “overbroad” discovery demand, finding that the carrier had a valid interest in the medical records of a claimant who had been …