February 3, 2020
On Jan. 16, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in a tribal gaming compact1 …
May 21, 2019
GEICO General Insurance Co. refused an offer to settle Michael Mazik’s underinsured motorist claim for $50,000. Instead, the claim will cost the insurer more than $1.3 million. On Friday, a panel of the California 2nd District Court of Appeal affirmed …
May 21, 2014
The New Mexico Court of Appeals has ruled that a worker’s employer and its insurer must pay for medical marijuana for treating the employee’s chronic pain from a job-related back injury. The court on Monday upheld a decision by a …
February 14, 2014
An appeals court has upheld a bus driver’s convictions for a Virginia crash that killed four passengers, injured dozens and cast national attention on low-fare carriers operating on the East Coast. Kin Yiu Cheung dozed off as he was driving …
January 8, 2014
The Court of Appeals of New York recently held that an excess insurer was responsible for all interest on a judgment after the primary insurer paid its policy limits. The decision offers an important ruling on the duties of primary …
November 12, 2013
The Return of the Efficient Proximate Cause Doctrine in Florida Florida’s Second District Court of Appeal recently revived an old debate regarding whether coverage is available for damages caused by independent excluded and covered causes in the case of Sebo …
November 6, 2013
The Seventh Circuit Court of Appeals recently held that a claim for replacement costs under a property insurance policy survives the insured’s sale of the damaged property. In Edgewood Manor Apartment Homes, LLC v. RSUI Indem. Co., 2013 U.S. App. …
December 5, 2012
A California court of appeals recently determined that a proof of loss condition in a first party insurance policy is subject to the notice-prejudice rule. According to the decision, an insurer cannot avoid its coverage obligations due to a policyholder’s …
October 30, 2012
A teen injured in a car wreck is entitled to underinsured motorist coverage (UIM) under her father’s business auto policy even though the vehicle she was riding in was not a listed vehicle on the policy, according to a decision …
August 30, 2012
The state Court of Appeals has upheld $10 million in punitive damages for the family and estate of an Albuquerque man killed by a drunken driver in 2003. The court ruled Tuesday there was enough evidence to support the damages …