liability News

If PG&E Wants Newsom’s Fire Aid, Here’s What It Has to Do

It’s no secret that California Governor Gavin Newsom wants to create a fund that the state’s electric utilities can tap to cover the costs of catastrophic wildfires. Now, the utilities know what he wants in return. Based on a proposal …

Wisc. Court Upholds Subrogation Waiver in Construction Contract

A subrogation waiver in a construction contract blocks an insurer’s claim against a contractor whose alleged shoddy construction caused the collapse of a barn that cost more than $600,000 to replace, the Wisconsin Supreme Court ruled in a split decision. …

Sidewalk Defects Liability: In Most States, Size Matters

Insurance claim files are overflowing with losses involving individuals injured when they trip and fall over cracked, broken, or uneven municipal sidewalks. In many cases, the injury is a direct result of a municipality failing to institute and/or conscientiously follow …

Insurer Liable for Bad Faith Mistake of Law: Viewpoint

A recent ruling from the District of Massachusetts suggests that insurers are responsible for training their claims handlers to know and understand the law affecting their insureds’ liability – and that the insurer may be held liable for bad faith, …

Supreme Court Malpractice Ruling Concerns Doctors, Lawyers

MINNEAPOLIS — A recent ruling from the Minnesota Supreme Court saying doctors can be sued for malpractice even if they’re not directly treating a patient is causing angst in the state’s medical and legal communities. The high court said in …

Jury to Decide If Carrier Risked Trial Because It Had Nothing Left to Lose

A federal judge in Rhode Island has cleared the way for a trial to decide whether Columbia Casualty Insurance, in bad faith, put its own interest over its policyholder’s by gambling on a trial instead of settling a claim that …

Affected Nebraska Residents Get Bad News About Dam Failure

NIOBRARA, Neb. — People who suffered losses when the Spencer Dam failed in northern Nebraska have gotten more bad news: A state law limits the liability of the dam’s owner. Nebraska Public Power District, which owns the dam, has said …

FDA Halts Vaginal Mesh Sales; Boston Scientific Shares Fall

U.S. health regulators ordered two medical device companies to stop selling surgical mesh used in pelvic repair surgeries after saying there isn’t enough evidence that the product embroiled in thousands of lawsuits is safe or effective. The Food and Drug …

Gun Maker Remington to Appeal Connecticut’s Sandy Hook Ruling to Supreme Court

Having failed in Connecticut state court to block all claims brought by families of children killed in the Sandy Hook Elementary School shootings, gun manufacturer Remington Arms Co. has signaled it will appeal its case to the U.S. Supreme Court. …

Sex Assault Victim Wants New Jersey College Held Liable

A lawyer for a college student who was sexually assaulted at a fraternity “Date Night” party and then driven across campus and assaulted again asked a U.S. appeals court Tuesday to hold the public college liable. Lawyer Patrick J. Whalen …