summary judgment News

Mo. Supreme Reverses $5.2M Award to Woman Who Caught STD in Boyfriend’s Car

The Missouri Supreme Court threw out a $5.2 million arbitration award to a woman who contracted a venereal disease while having sex with her boyfriend in his car and sought coverage for her “bodily injury” from the boyfriend’s auto insurer. …

Auto Dealer’s Insurer Not Liable for Auctioneer Employee’s Crash that Killed 5

A tragic accident at a Massachusetts auto auction company is not covered by the insurance of the auto dealer that hired the auction company to sell the vehicle involved in the accident. A federal appeals court has declined to perform …

Progressive Not Liable for Medical Bills if Insured Refused to Cooperate

Auto insurer Progressive Insurance is not responsible for a hospital bill incurred by a Massachusetts insured who refused to cooperate with its efforts to investigate the accident claim that led to the medical expenses. Mount Auburn Hospital claimed that Progressive …

Court Asks if Exclusive Remedy Exception Applies to ‘Intentional’ Lead Poisoning

Utah workers are allowed to sue their employers for an injury caused by their employer’s intentional act. That exception to the exclusive remedy of the state Workers’ Compensation Act was carved out by a state supreme court decision in 1975. …

Contrary Judges Resist ‘Herding Behavior’ for COVID-19 Claims

Insurers continue to prevail in the vast majority of lawsuits that seek business-interruption coverage for income lost during COVID-19 shutdowns, but a small minority of state court judges are taking a contrary view. On Monday, Cook County Circuit Court Judge …

Restaurants Ask N.C. Supreme Court to Bypass Appeals Court in COVID Win

A group of North Carolina restaurants and an industry group are asking the North Carolina Supreme Court to bypass the Court of Appeals and take up an insurer’s appeal of a trial court decision that found coverage was owed for …

7th Circuit: Insurer Must Defend Horse Farm From Lawsuit Over Golf Cart Accident

An insurer must defend an Illinois equestrian business from a lawsuit filed by a man who was injured when he was run over by a golf cart operated by an employee who was chasing a loose horse, a federal appellate …

Judge Dismisses Hundreds of Washington State Business Interruption Claims

A federal judge in Seattle has dismissed lawsuits filed by hundreds of Washington state businesses seeking insurance coverage for revenues lost because of COVID-19 public health orders. U.S. District Judge Barbara J. Rothstein on Friday granted insurers’ motions to dispose …

8th Circuit Upholds Dismissal of Insurance Executive’s Whistleblower Suit

A federal appellate court upheld the dismissal of a whistleblower lawsuit filed by an insurance executive who was fired after allegedly submitting false expense reports and encouraging employees under him to do the same. A panel of the 8th Circuit …

Businesses Filing More COVID Lawsuits and the Stakes are Higher

The anniversary of COVID-19 shutdown orders brought an upturn in both the number of business-interruption lawsuits against insurers and the amount of damages they are claiming. In the past month: A New Jersey hospital system, RWJBarnabas Health, sued Zurich American …