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Tag Archives: Negligence

When Insurance Is Not Renewed, What Constitutes Legal Notice?

12 Thursday Feb 2015

Posted by Celia C. Elwell, RP in Insurance Coverage, Insurance Law, Nonrenewal

≈ Comments Off on When Insurance Is Not Renewed, What Constitutes Legal Notice?

Tags

Barry Zalma, Negligence, Nonrenewal, State Farm, Zalma on Insurance Blog

Mailing is All Needed to Perfect Nonrenewal, by Barry Zalma, Zalma On Insurance Blog

http://zalma.com/blog/mailing-is-all-needed-to-perfect-nonrenewal/

Some cases go on and on with trial decisions reversed, remanded, retried and appealed again. In Collins v. State Farm Ins. Co., ___ So.3d ___, 2015 WL 468970 (La. App. 4 Cir.), 2014-0419 (La. App. 4 Cir. 2/4/15) after eight years of litigation over damages resulting from Hurricane Katrina the insured ended up with nothing. His last attempt at recovery was to sue his agent for negligence because he did not inform the plaintiff that his policy had been non-renewed well before Katrina hit New Orleans.

The insured, Edward Collins, brought this suit against his insurer, State Farm Fire and Casualty Company (‘State Farm’), and his insurance agent, Reggie Glass. From the trial court’s judgment granting Mr. Glass’ motion for summary judgment. Mr. Collins appeals.

FACTUAL BACKGROUND

In January 2000, Mr. Collins filed a claim under his homeowner’s policy with State Farm for roof damage to his property located at 7508 Lafourche Street in New Orleans, Louisiana. State Farm adjusted the claim and paid the damages due under the policy. In September 2004, Mr. Collins submitted another claim under his homeowner’s policy. During its investigation of this claim, State Farm discovered that Mr. Collins failed to repair his roof after he was paid for his 2000 claim. State Farm thus decided not to renew Mr. Collins’ homeowner’s policy when it expired on May 30, 2005. . . .

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Pennsylvania’s New Standards for Strict Liability Claims.

10 Tuesday Feb 2015

Posted by Celia C. Elwell, RP in Damages, Litigation, Negligence, Product Liability, Torts

≈ Comments Off on Pennsylvania’s New Standards for Strict Liability Claims.

Tags

Duane Morris LLP & Affiliates®, Negligence, Pennsylvania, Product Liability, Second Restatement of Torts, Strict Liability, Torts

Pennsylvania Supreme Court Adopts New Standards for Strict Liability Claims, by Duane Morris LLP & Affiliates®

http://tinyurl.com/q49j9jx

While the Tincher decision clarifies some issues regarding strict liability cases, there are many issues left to be determined by future case law.

On November 19, 2014, the Pennsylvania Supreme Court issued its much-anticipated decision in Tincher v. Omega Flex, Inc. (No. 17 MAP 2013), in which it addresses the proper standard under Pennsylvania law for strict liability claims relating to allegedly defective products. Although the court declined to adopt the Restatement (Third) of Torts, it overruled its prior holding in Azzarello v. Black Brothers Company, 391 A.2d 1020 (Pa. 1978), which created roadblocks to the introduction by defendants of the reasonableness of their actions in designing products.

Strict liability for defective products developed from the social policy determination that the cost of injuries resulting from defective products should be borne by the manufacturers of the products rather than by the injured persons.[1] For almost 50 years, strict liability under Pennsylvania law has been governed by Section 402A of the Second Restatement of Torts, which provides that ‘one who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability [for the harm caused] . . . .’

The term ‘unreasonably dangerous’ naturally involves a balancing between what is reasonable and what is not, which is similar to the fault-based notions encompassed by negligence claims. However, in Azzarello, the Pennsylvania Supreme Court drew a bright line between strict liability and negligence causes of action. . . .

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Malpractice Immunity And Defensive Medicine.

15 Saturday Nov 2014

Posted by Celia C. Elwell, RP in Evidence, Health Law, Medical Malpractice, Recent Links and Articles

≈ Comments Off on Malpractice Immunity And Defensive Medicine.

Tags

Defensive Medicine, Gross Negligence, Medical Malpractice, Medical News Today, Negligence, New England Journal of Medicine, Reasonable Care

Giving Physicians Immunity From Malpractice Claims Does Not Reduce ‘Defensive Medicine,’  Medical News Today (Rand Corporation)

Changing laws to make it more difficult to sue physicians for medical malpractice may not reduce the amount of ‘defensive medicine’ practiced by physicians, according to a new RAND Corporation study.

Studying the behavior of emergency physicians in three states that raised the standard for malpractice in the emergency room to gross negligence, researchers found that strong new legal protections did not translate into less-expensive care.

The findings are published in the Oct. 16 edition of the New England Journal of Medicine.

‘Our findings suggest that malpractice reform may have less effect on costs than has been projected by conventional wisdom,’ said Dr. Daniel A. Waxman, the study’s lead author and a researcher at RAND, a nonprofit research organization. ‘Physicians say they order unnecessary tests strictly out of fear of being sued, but our results suggest the story is more complicated.’

It is widely said that defensive medicine accounts for a substantial part of the hundreds of billions of dollars of unnecessary health care spending that is estimated to occur annually in the United States. Malpractice reform has been advocated by many experts as a key to reining in health care costs.

RAND researchers looked at three states — Georgia, Texas and South Carolina — that about a decade ago changed the legal malpractice standard for emergency care to gross negligence. Other states use the more common ordinary negligence standard, or a failure to exercise reasonable care.

The higher standard means that for physicians accused of malpractice in the three states examined, plaintiffs must prove that doctors consciously disregarded the need to use reasonable care, knowing full well that their actions were likely to cause serious injury. . . .

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Trailer Park Duck Is Repeat Offender With Dangerous Propensities.

02 Friday May 2014

Posted by Celia C. Elwell, RP in Animal Law, Damages, Litigation, Personal Injury, Punitive Damages, Torts

≈ Comments Off on Trailer Park Duck Is Repeat Offender With Dangerous Propensities.

Tags

Kevin Underhill, Lowering the Bar Blog, Negligence, Pain and Suffering, Personal Injury

Lawsuit Alleges Duck Attack, by Kevin Underhill, Lowering The Bar Blog

http://www.loweringthebar.net/2014/04/duck-attack.html

KATU in Portland reports that a woman who says she was attacked by a duck at a trailer park has sued the duck’s owner.

Plaintiff alleges in part that said duck was a repeat offender.

According to the complaint (which KATU was kind enough to post), Cynthia Ruddell alleges that she was just stepping out of her motor home ‘on or about May 7, 2012,’ when she was suddenly attacked by a local duck. . . .

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$17 Million – Likely Largest Ever Wrongful Workplace Death Settlement.

13 Thursday Feb 2014

Posted by Celia C. Elwell, RP in Damages, Employment Law, Evidence, Government, Litigation, Negligence, OSHA, Settlement, Wrongful Death

≈ Comments Off on $17 Million – Likely Largest Ever Wrongful Workplace Death Settlement.

Tags

Adam Nowak Sr., Crane Accident, EHS Today, Electrician, Grays Ferry, Josh Cable, Litigation, Negligence, OSHA, Pennsylvania County, Robert Mongeluzzi, Safety, Settlement, Steam Plant, Unforeseeable Act, Veolia Energy, Workplace Safety, Wrongful Death

Philadelphia Electrician’s Widow to Receive Record $17 Million in Wrongful-Death Settlement, by Josh Cable, EHS Today

http://tinyurl.com/mx9kqq5

The widow of an electrician who died in a crane accident at Veolia Energy’s Schuylkill steam plant in Grays Ferry, Pa., will receive $17 million, in what is believed to be the largest wrongful-workplace-death settlement in Philadelphia County history. . . .

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