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Untimely notice may not defeat insurance coverage 

By: dmc-admin
Published: January 28, 2008

The failure of an insured to timely notify its insurer of a claim or suit will not defeat coverage unless the insurer was actually prejudiced by the delay, the Texas Supreme Court has ruled.

A jewelry company’s general liability insurance policy covered liability for advertising injury, but contained language that
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Use of state highways constitutes consent to personal jurisdiction 

By: dmc-admin
Published: January 28, 2008

A company’s use of state highways constituted consent to being sued in that state for a tort committed in another state, even though it never owned property or maintained a business office where it was sued, the New Hampshire Supreme Court has ruled in denying a motion to dismiss.

A
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High Court rules against investors in Stoneridge 

By: dmc-admin
Published: January 28, 2008

Lawyers, parties grapple with implications for future cases

Worker injured at company picnic can get comp 

By: dmc-admin
Published: January 28, 2008

An employee injured at a company picnic was entitled to workers’ compensation benefits, the Montana Supreme Court has ruled.

The company’s owner hosted an annual picnic at his lakeside home. He included notices of the event in employees’ pay stubs. He and the company paid for all food and supplies
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Insurance may cover youth hockey attack 

By: dmc-admin
Published: January 28, 2008

A homeowners’ insurance policy may cover an accident in which a youth hockey player was angrily struck by another player wielding a hockey stick, the Utah Supreme Court has ruled.

An eight-year-old boy was teased by other boys in a hockey camp for being an inferior player. While in the
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Store can be liable for security guard's actions 

By: dmc-admin
Published: January 28, 2008

A grocery store can be held vicariously liable for the intentional torts of a security guard employed by an independent contractor, even in the absence of its own negligence, the Arizona Court of Appeals has ruled in reversing summary judgment for the store.

A store manager had informed the guard
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Shootings are covered by homeowners' policy 

By: dmc-admin
Published: January 28, 2008

A homeowners’ policy covered personal injury claims against insureds whose adult son killed five people and seriously injured another during a shooting spree, the Pennsylvania Supreme Court has ruled.

The decision affirms in part an appeals court ruling. (See “Homeowners’ policy covers shooting spree,” Lawyers USA, March 13, 2006. Search
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Do FDA regulations preempt state claims involving prescription drugs≠ 

By: dmc-admin
Published: January 28, 2008

Does FDA approval of a prescription drug’s labeling preempt state law claims that the method by which it was administered to the patient caused the patient’s injuries≠

The U.S. Supreme Court has agreed to answer this question, reviewing a decision from the Vermont Supreme Court.

The patient in that case
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Social Security benefits not marital asset in divorce 

By: dmc-admin
Published: January 28, 2008

A wife’s lump-sum Social Security disability award is not a marital asset subject to division, the Nebraska Court of Appeals has ruled in reversing a martial dissolution decree.

After six years of marriage, a couple divorced. During the marriage, the wife worked as a pipe fitter, but after an appendicitis
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Reasonable accommodation needn't eliminate all issues 

By: dmc-admin
Published: January 28, 2008

A reasonable accommodation under Title VII need not completely eliminate any religion-work conflict, the 8th Circuit has ruled.

A driver for a parcel service sought an accommodation that would enable him to complete his work on Fridays by sundown to observe the Sabbath. His manager informally accommodated the request by
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