Assumption of the risk is a common defense by recreation providers to negligence lawsuits involving all-terrain vehicles (ATV) where the rider is willingly taking a chance in a potentially dangerous situation.
The early retention of and trust placed in Keis George by the subrogated insurance company was critical in completing a timely investigation and securing the evidence necessary for a successful resolution, while preventing lengthy and expensive litigation.
In Chicago, we often find property loss claims that occur at condominium units. Aside from general issues that come with all property claims, such as cause and origin of the loss and actual damages incurred, two issues should be investigated from the outset.
On July 20, 2022, Herbert L. Nussle prevailed in a Motion for Summary Judgment in the Mahoning County Court of Common Pleas in favor of their insurance carrier client.
Since the turn of the century, Amazon has become the most obvious thorn in the side of subrogated insurers. In the past twenty years, the online retailer has exploded in both popularity and revenue with a significant percentage of its revenue coming from the Amazon Seller Marketplace. Erie v. Amazon...
Just like utilities, the actions of a cooperative employee can cause fires. Unlike claims against a public utility, claims against electric cooperatives can be pursued in court without having to fight over whether the PUCO has jurisdiction.
We proved the defendant failed to establish any issue of material fact and violated the law for failing to yield the right-of-way. The Court concluded the defendant’s failure to yield was the proximate cause of the damages to the insured. As a result, our client was awarded $25,000.
There is a Court that has issued a ruling interpreting Ohio Revised Code 2323.44 as it relates to subrogation. The Court of Appeals affirmed there was no ambiguity in the Farmers’ insurance policy. Remember, language in the policy and notice to all parties matters.
The explosion and subsequent fire, killed the defendant and damaged the plaintiff's home. The plaintiff's home was damaged beyond repair and had to be torn down. After a two and a half day jury trial, the jury returned a verdict in favor of the plaintiff and against the defendant.
The Society of Automotive Engineers recently provided a classification system and terminology for self-driving cars, formally known as autonomous vehicles.