summary judgment News

Asbestos Wrongful Death Claim Allowed Against Employer as Workers’ Comp Exception

A Connecticut appeals court has revived a wrongful death claim that tests a narrow exception to the state law that makes workers’ compensation the exclusive remedy for most workplace deaths and injuries. Harold Dusto’s estate blames his death on mesothelioma …

Mass. Supreme: No ‘Imbalance of Power’ Means Beating Wasn’t Abuse

An act of physical abuse is not excluded by an abuse and molestation exclusion in a homeowners insurance policy unless the act involves “an imbalance or misuse of power in addition to being physically harmful,” the Massachusetts Supreme Judicial Court …

Conn. Supreme Court Upholds Insurers in COVID Business Loss Appeals

The Connecticut Supreme Court has upheld insurers in two cases where claims for business interruption losses blamed on Covid-19 were denied because there was no direct physical damage. One case involved healthcare facilities Connecticut Dermatology Group, Live Every Day, and …

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 …