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New technologies bring both opportunity and risk, the balance of which is most often finely balanced. Success or otherwise is largely dependent on the impact on the particular ‘ecosystem’ in which that technology will operate.
As part of an initiative to ensure that our roads are being used as safely as possible and to boost cycling and walking across the country a Department of Transport consultation was launched in July 2020 with a view to amending The Highway Code (which applies to England, Scotland and Wales) to improve safety for vulnerable road users.
On July 27, 2021, the Appellate Division issued an opinion clarifying an automobile insurance carrier’s rights and obligations when its named insured selects the ‘health insurance primary’ option of their automobile insurance policy.
On 29 June 2021, Transport Secretary Grant Shapps MP published a Written Ministerial Statement titled European Motor Insurance Directive (Removal of Vnuk from UK law). This statement followed the previous announcement on 21 February this year of the UK Government’s decision not to follow the Court of Justice of the European Union (CJEU) decision in Vnuk v Zavarovalnica Triglav dd .
The way in which people and goods travel is changing rapidly. As a new era of transport continues to unfold, Kennedys is here to keep you up to date on the latest developments and what they mean for you and your business.
Florida court rules that auto insurer cannot invoke exceptions to the Eight Corners Rule to avoid duty to defend visibly drunk driver
A liability insurer’s duty to defend a third-party lawsuit in Florida is triggered when the complaint against the insured alleges facts that potentially bring the action within the policy’s coverage grant. Like courts in other jurisdictions, Florida courts generally apply the eight corners rule that restricts the court’s analysis of the issue to the terms in the four corners of the policy and the allegations inside the four corners of the complaint.
In this update we take a look at some of the key UK motor crime developments and safety initiatives over recent months.
Insurers facing increased exposure to Florida bad faith claims in recent years received some relief with the Eleventh Circuit Court of Appeals’ decision in Heather Eres v. Progressive American Insurance Co., No. 20-11006 (11th Cir. June 1, 2021). The Eleventh Circuit affirmed summary judgment for Progressive American Insurance Company. In doing so, the court found that Progressive did not act in bad faith toward its insured in attempting to settle Heather Eres’s bodily injury claim.
Kennedys is growing its London team with the hire of three partners from the BLM catastrophic injury team, Antony French, Anthony Rawlins and Deirdre Burgess. They will also be joined by six associates and a litigation assistant from BLM.
Case review 21-05-2021
In this recent case the claimant pedestrian was held wholly accountable for a road traffic accident. The decision reiterates that notwithstanding the high duty of care owed to vulnerable road users by motorists, being a vulnerable road user is not on its own sufficient to succeed in a claim in negligence in respect of a road traffic accident.