Nearly every week someone is in the news apologizing for writing or saying something false about someone else. Libel is a disseminated written false statement about someone, damaging that person's reputation. Slander is a spoken false statement about someone, damaging…
Longshoremen routinely use ladders when working aboard vessels. Usually the ladders belong to the vessel owner who has them aboard for use by the vessel's crew, but knows the longshoremen will use them. If a longshoreman is using a vessel's…
When a vessel breaks away from her moorings, is the vessel owner liable for the resulting injuries and/or damage? The answer is: probably. The Louisiana rule During the Civil War, the United States Supreme Court addressed the issue in The Louisiana 70 US 164…
Earlier this week the California Supreme Court adopted a new standard for who is and is not an employee in the case of Dynamex Operations West, Inc. v. Superior Court, No. S222732. While Dynamex has potential significant disruptive effects on…
This week, Washington's Division One Court of Appeals, decided an individual insurance claims handler can be personally liable to an insured for bad faith and violations of Washington's Consumer Protection Act. The decision is Keodalah v. Allstate Ins. Co., No. 75731-8-I,…
Disputes aboard a vessel are usually resolved with words and amicable negotiation. Occasionally, they are resolved with fists and weapons. This column explains the circumstances under which a vessel owner can be held liable for personal injuries or death resulting…
Large-scale disasters are a challenge for property insurers. One of those challenges is both regulators and legislators react to what they perceive as unfairness in claims handling, even when that claims handling is fully compliant with contractual and existing legal…
The signing of a release is an integral part of the settlement of a claim for personal injuries. In exchange for the settlement funds, the injured party releases the responsible party from any further liability arising out of the injuries.…
Every once in a while, but hopefully not too often, a new case comes into the law office that makes the lawyer want to turn back time and advise the client: "don't do that." Unfortunately, the clients cannot always get…
While it might seem self-evident, states expect insurers to follow, to the letter, the detailed statutes governing cancellation of policies. Last week, an insurer learned that lesson the hard way in Nevada. The insurance broker had a better day, however,…