A recent study conducted by The Travelers Companies, Inc. revealed that older workers and employees in their first year on the job tend to drive up the frequency and cost of workers' compensation claims. The survey analyzed 1.2 million claims submitted from 2016-2020 and found that workers 60 years or older incurred 15% higher costs than those generated by injured workers between the ages of 35-49, and had claims costs that were 140% higher for those aged 18-24.
Managing employee medical and disability-related leave when an employee becomes ill, disabled, or injured can be a complicated issue. Employers must navigate various laws to ensure compliance and employee protection. Under the ADA and FMLA, eligible employees may receive reasonable accommodations or up to 12 weeks of unpaid leave per year, respectively. Workers’ compensation also provides compensation and medical support for work-related injuries or illnesses.
Contracts often require indemnification, where one party compensates another party for first-party losses or claims made by third parties. This post explores several considerations for obtaining intended indemnification. Understanding contract language is one of the first steps important to ensure both parties know what indemnification is being provided.
On March 24, 2023, Governor Ron DeSantis signed CS/CS/HB 837 into law, bringing significant changes to Florida's negligence liability system. The bill replaces the state's pure comparative negligence system, shortens the statute of limitations for general negligence actions, and modifies premises liability law for negligent security claims.
Insurance companies are increasingly adopting next-generation technology and data mining tools to improve risk management, revenue growth and profitability. However, the increased use of external consumer data sets and AI and ML-enabled analytical models presents challenges of unintended bias against protected classes of people. Regulators in the US, UK and Europe are responding to these challenges by penning new policies and legal frameworks to prevent AI model-driven consumer bias and impose accountability on insurers.
The United States Court of Appeals for the Fifth Circuit affirmed the summary judgment in the employment-discrimination lawsuit filed by Patrick Lewis against Greenwood Motor Lines, Inc. and R&L Carriers Shared Services, LLC. Lewis alleged discrimination and harassment based on race and disability, and retaliation for participating in protected activities. The district court granted summary judgment when Lewis did not file a response or seek an extension of time to do so. In their judgement, the appeals court found no error, stating that the material facts were undisputed.
The medical practice filed a lawsuit against its insurance provider after its physical operations were suspended in 2020 due to COVID-19 lockdown measures in Louisiana.
 Total costs for dog bites and related injuries reached a staggering $1.3 billion for 2022, with costs per claim increasing 32% YoY to reach an average of $64,555. However, there were 2.2% fewer dog-related injury claims made in 2022. Responsible dog ownership was cited as the cause of the decline, with the Triple-I attributing this improvement to education on canine behaviour. To reduce biting incidents and other aggressive dog behaviour, Triple-I suggests recognising dog triggers and starting training sessions early.
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The extension of the statute of limitations for sexual assault claims has resulted in more people coming forward, and more tapping their insurance companies for coverage of these claims. While defamation lawsuits relating to allegations of sexual assault are still filed, the look-back windows for time-barred claims have created ambiguous areas of coverage for some insured.
A subcontractor surety sued by a general contractor sought to move the case from Kansas state court to federal court and then transfer it to Washington state. However, the Kansas federal court refused to transfer the case, even though the underlying bonded subcontract called for litigation in Washington. The court noted that the forum selection clause in the subcontract did not apply to the surety, only disputes between the contractor and subcontractor.
The Fifth Circuit Court of Appeals has affirmed a district court's decision in a case involving insurance coverage denial for a fraudulent routing number supplied to Valero Title, Inc., an escrow agent. Defendant-Appellant RLI Insurance Company denied Valero’s proof of loss claim, which the district court deemed covered under the funds transfer fraud endorsement in Valero’s crime protection insurance policy. RLI appealed the judgment, but the appeals court upheld the district court's interpretation of the policy.
David B. Turner Builders LLC and New England Construction LLC, both Mississippi-based companies, have filed a lawsuit against ten lumber manufacturers in the United States for allegedly conspiring to increase lumber prices by over 100% during the COVID-19 pandemic. The plaintiffs claim that the defendants used their dominant position in the industry to fix prices and force indirect purchasers like themselves to pay exorbitant amounts for lumber.
PHI Group, Inc., a company offering helicopter services to customers in the oil and gas, air medical, technical services, and health care industries, has filed a civil action against Zurich American Insurance Company (“Zurich”) in order to recover economic losses caused by the partial interruption of its business during the COVID pandemic. PHI purchased an EDGE commercial property insurance policy from Zurich that included coverage for “direct physical loss of or damage caused by a Covered Cause of Loss” as well as time element and business interruption coverage.
New Orleans Equity L.L.C., the owner and operator of Galatoire’s Restaurant and Galatoire’s 33 Bar & Steak on Bourbon Street, has sued U.S. Specialty Insurance Company (USSIC) for breach of contract after USSIC denied its claim for business interruption losses due to Covid-19 contamination of an insured product by a wait staff member who tested positive for the virus in March 2020.
In this case, the answer is "No." Viking Insurance Co. recently faced a court case where their policy holder failed to list her son, who was of legal driving age, as a driver in her application. However, the court ultimately deemed that uninsured motorist coverage could not be denied simply because of this omission. This decision held despite the fact that the policy stated it could be rescinded if material information in the application was misrepresented.
Thanks to TikTok, car thieves are exploiting a vehicle defect that makes these particular cars comparatively easy to steal with little more than a pin and a USB cable, as reported by the Triple I’s Mark Friedlander.
Property insurers are facing increased water damage claims, which has led to financial strains. In response, insurers have taken various actions such as increasing deductibles. General and products liability insurance rates are expected to rise by 5-10%. Umbrella and excess liability insurance rates will remain volatile.
California is in the midst of a long fight against floods as storms continue to roll in off the Pacific, causing destruction and loss of life. Many towns have issued evacuation orders while highways and schools are closed.