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Article 10/06/2021
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.
Article 08/06/2021
This year’s Queen’s Speech outlined the UK Government’s plan to 'level up' opportunities across all parts of the UK, supporting jobs, businesses and economic growth, and addressing the impact of the pandemic on public services.
Article 04/06/2021
A summary of key developments including the HMCTS court reform programme, the Northern Ireland personal injury discount rate, key CPR changes and practice direction updates, consultation on increasing the county court’s jurisdiction in Northern Ireland, and a political landscape roundup.
Article 04/06/2021
A roundup of recent court decisions raising issues relating to interpreting insurance policy exclusion clauses, Animals Act claims, “time work” for the purposes of the national minimum wage, tour operator liability for deliberate acts of suppliers’ employees and “substantial injustice” in fundamental dishonesty claims.
Case review 04/06/2021
Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment [27.05.21] - Valiant teenagers led by Sister Marie Brigid Arthur have successfully asserted climate duty where there was “nun” before - forgive the pun.
Article 03/06/2021
Recent High Court judgments in the social care sector provide helpful guidance to councils and their insurers responding to claims alleging ‘failure to remove’.
Case review 26/05/2021
DFX and others v Coventry City Council [24.05.21]: This judgment is the first consideration at High Court level of duty of care issues since Poole Borough Council v GN and another [2019] (CN and GN).
News 24/05/2021
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.
Article 24/05/2021
On April 21, 2021, the Supreme Court of New Jersey issued its opinion in Huggins v. Aquilar, No. 084200, 2021 WL 1555277, --- A.3d --- (N.J. Apr. 21, 2021). The Court affirmed the trial court’s decision to strike a provision in the garage policy issued by Federal Insurance Company (“Federal”) that fully eliminated coverage to permissive users of the car dealership’s vehicles that carried at least $15,000 in their own personal auto insurance. The Court explained that such “shifting of responsibility from owner to driver does not fulfill the public policy of the compulsory insurance requirement and its related permissive user doctrine.”
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.
