Everything listed under: liability

  • General Release

    If I settle auto liability and UM claims, does a general release bar a dram shop action against another defendant? Or should I insist on language reserving the claim against the bar?


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  • Homeowners Coverage for ATV (four wheeler) injury

    Is four-wheeler ATV liability covered on homeowners’ policy?


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  • Insurance Exclusion for Business Use of Vehicle

    Tortfeasor is delivering pizza when he causes wreck with my client. His car is personally insured but they say no coverage because he was using the car for business purposes and they have an exclusion. Is such an exclusion valid and, if so, can it exclude even the minimum coverage required by law?  Read More...

  • MSJ Response

    I have a fire case with total loss of a large metal building and all content. Defendant (co-tenant) has filed for summary judgment claiming we cannot establish causation. All experts, including defendant's, agree that origin was in defendant's half of the building and that because of the extent of the fire, specific cause will never be known. They all also agree that two potential causes were in exact area of fire origin: (1) extension cord running (in violation of National Electric Code) through metal skin of the building and showed evidence of faulting; and (2) history of defendant's employee smoking right before fire started. Under NFPA 921, because there is more than one potential cause, fire has to be listed as "undetermined." My cause/origin and electrical engineer experts (and other investigators) have testified that we know one of the two causes but can't say either one qualifies as "probable" (51% or greater) under NFPA 921 because of the extensive fire damage.   Read More...

  • Multiple Vehicles on Policy

    Is party injured in car wreck entitled to liability coverage equal to the policy limit times the number of vehicles insured or only the limit on the vehicle involved in the wreck?  Read More...

  • Comprehensive Coverage

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  • Collection Question

    I have a client sued by Discover card on an account that was, by the terms of her divorce decree, the responsibility of her husband.  My initial research leads me to believe that the divorce decree doesn't relieve her of her liability to Discover, and that her recourse is to seek indemnity from him.  Am I right that she's still liable to Discover?
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  • Can Wife Recover Liability and UIM?

    If husband is driving and wife is injured through his fault, can wife (a named insured on their policy) recover full amount of LIABILITY policy and full amount of UIM policy as well?  Read More...