Articles by Jim Sams

Texas Supreme Ct. Hears Arguments on Attorney Fee Awards When Appraisal Awards Are Paid

Insurance defense attorneys on Wednesday urged the Texas Supreme Court to uphold the “plain language” of a law passed in 2017 that they say precludes recovery of attorney fees in cases where the insurer pays the full amount of an …

Research Finds 6% of COVID Claimants Treated for Long COVID

A national study by the Workers’ Compensation Research Institute found that 6% of workers who filed claims for COVID-19 suffered long COVID, meaning they sought additional treatment more than a month after the initial infection. WCRI’s estimate is the lowest …

Calif. Appellate Ct. Revives Suit Seeking Coverage for Income Lost During COVID Shutdown

A California appellate court ruled again Monday that the SARS-CoV-2 virus can cause direct physical loss or damage to property, notching a rare policyholder for a real estate business seeking coverage for business income lost because of the COVID-19 pandemic. …

Utah Supreme Ct. Rejects Employer’s Bid to Recoup WC Benefits from Settlement with Debt Collectors

Special education teacher Robyn Young had to fight the Granite School District for benefits after she suffered a concussion and mental injuries at the hands of her students. Then she was hounded by debt collectors who demanded that she pay …

Illinois Appellate Panel Relieves Freight Broker of Liability for $18M Jury Verdict

A freight broker is not liable for an $18 million jury award to the mother of a teenage boy who suffered a brain injury when he was struck by a truck, an Illinois appellate court ruled Wednesday. A panel of …

Federal Judge Denies MMA’s Bid for Attorney Fees, Says Clients Illegally Obtained

A federal judge rejected a request by McClenny Moseley & Associates to claim an interest in legal fees and expenses from a hurricane damage lawsuit, saying the law firm obtained its clients illegally by using a “modern day case runner.” …

9th Circuit Overturns Jury Verdict in Favor of Defense in Fatal Tour Bus Crash

A federal appellate court on Friday overturned a take-nothing jury verdict in favor of a tour bus company whose driver was accused of causing a deadly head-on collision on an Arizona highway. In a 2-1 decision, a panel of the …

Arizona Appellate Court Upholds Death Benefits for Widow of Worker Killed by COVID

The widow of an Arizona worker who died after contracting COVID-19 from a co-worker suffered a workplace “accident” that is compensable under the state’s workers’ compensation law, a panel of the state Court of Appeals ruled Thursday. In a 3-0 …

Attacks on Casino Giants Heralds Resurgence in Ransomware Demands

Cyberattacks on MGM Resorts International and Caesars Entertainment last week show that ransomware gangs continue to be a major threat and are using more sophisticated strategies to break into private computer networks. GuyCarpenter reported Wednesday that a cybercrime group called …

Idaho: Insurer that Settled with Tortfeasor Can’t Demand Subrogation Suit by Insured

An insurer that reached a settlement with a motorist who caused a crash cannot deny a underinsured motorist claim on the basis that its policyholder failed to comply with the terms of her auto policy by not filing a subrogation …