Articles by William Rabb

SC High Court Strikes ‘Troubling’ Denial of Comp Claim, Says Can’t Be Based on Stats

An employer cannot use an ergonomics report, showing that a work injury is statistically unlikely, to deny a workers’ compensation claim, the South Carolina Supreme Court said in an opinion that sharply questioned an appellate panel’s decision making. “Individual cases …

Tennessee High Court Rules Employers Can’t Use Vicarious Liability to Block Negligence Claims

The Tennessee Supreme Court this week dealt a blow to businesses and insurance companies, finding that employers can no longer argue that direct negligence claims are barred when the business admits vicarious liability for a worker’s actions. “We hold that …

Georgia’s Latest Effort on Plaintiff Demands Aims to Deter Bad-Faith Claims

Georgia lawmakers have approved two bills that could have a significant impact on windstorm and bad-faith claim losses for property insurers. First, the bad-faith reform legislation. Auto insurers have for years fought for changes to Georgia’s auto claims-handling statutes, after …

30 Years of UIM Coverage Rules Are Wrong, North Carolina Supreme Court Says

North Carolinians can no longer stack underinsured motorist policies to compare to liability limits in order to boost the amount of coverage in an accident, the state Supreme Court said last week in a decision that overturns 30 years of …

Corner Turned? Top Florida Insurers See First Profit in Seven Years, S&P Global Says

Florida’s beleaguered property insurance market is starting to look normal again, with the top insurers in the state showing a collective profit for the first time in seven years, S&P Global Market Intelligence reported this week. The turnaround for 2023 …

Florida Jury: NICO Did Not Act in Bad Faith in Keys Crash that Killed 4 Women from Spain

Six months after a federal appeals court upheld a $12 million verdict against a waste-hauling company in a crash that killed four Spanish women in the Florida keys, a jury has found that the firm’s insurer did not act in …

Suit Says OnStar, LexisNexis Shared Driving Data with Insurers, Spiking Rates

Do motorist-assistance systems like GM’s OnStar feed data to auto insurers, resulting in higher premiums for some drivers? A south Florida man says indeed, they do, and has filed a proposed class-action lawsuit against General Motors and LexisNexis Risk Solutions, …

Moonlighting Cop Not Independent Contractor? NC Supreme Court Says Hold on.

The North Carolina Supreme Court has temporarily put the brakes on an appeals court decision that had upset years of workers’ compensation case law on when a moonlighting law officer is considered an independent contractor. In the case of Stephen …

Company Linked to MMA Law Firm Still Paid by Florida; Case Highlights Issue with AOBs

The continuing saga of the Houston-based plaintiffs’ law firm of McClenny Moseley & Associates, suspended and sanctioned for flooding courts with erroneous lawsuits against property insurers in Louisiana, has taken a new political twist in recent days. It also has …

Sotheby’s, Russians, Theft: Insurer Must Defend in High-End Miami Realty Suit

In the glittering world of high-end south Florida real estate, One Sotheby’s International Realty is known as one of the biggest players in the market. This month, the firm is handling the rental of NBA superstar Kevin Durant’s penthouse in …