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Vicarious Liability for Indiana Municipal Entities for Law Enforcement Sexual Assaults

An old legal adage says, “bad facts make bad law.”  In a recent Indiana Supreme Court case, terrible facts resulted in unfavorable law for municipal entities, police departments, and their insurers.  The case is Cox v Evansville Police Dept, No. 18S-CT-447, 2018 Ind. LEXIS 550, at *3 (Sep. 13, 2018) , and it is a

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Kentucky Supreme Court Rules Basic Reparations Benefits Providers Cannot Deny “No-Fault” Benefits on the Basis of Reasonableness of Medical Treatment

On November 1, 2018, the Kentucky Supreme Court issued its much-anticipated decision in 2016-SC-000546-DG.  The Supreme Court affirmed the Court of Appeals’ Opinion finding a paper review of medical records could not be used to unilaterally deny payment of no-fault benefits to claimants in automobile accidents.  The Supreme Court further limited the reasons for denial

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Florida Supreme Court Puts to Rest Debate Between Frye vs. Daubert

On October 15, 2018, the Florida Supreme Court finally put to rest the issue of whether Florida will be a Frye state or a Daubert state when it comes to the admissibility of expert testimony. In a 4-3 ruling, the Court held that a 2017 law passed by the Florida legislature endorsing the Daubert standard

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Florida Supreme Court Overturns Ruling on Insurance Bad Faith Decision

Recently, the Florida Supreme Court issued a critical opinion overturning a 2017 Fourth District Court of Appeal decision on Florida bad faith law.  In Harvey v. GEICO General Insurance Company, the Court held that the Fourth DCA misapplied precedent and relied on inapplicable federal caselaw in finding GEICO had not acted in bad faith in

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Ohio Supreme Court Rules Subcontractor’s Faulty Workmanship Is Not a Covered “Occurrence”

The Ohio Supreme Court has ruled a commercial general liability (“CGL”) policy does not afford coverage to an insured general contractor for property damage caused by a subcontractor’s faulty work. Ohio N. Univ. v. Charles Constr. Servs., Inc., Slip Opinion No. 2018-Ohio-4057. The decision is significant because its effect is to preclude coverage not only

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We’re Excited to Welcome a New Attorney to Our Team in Michigan

Rolfes Henry is excited to welcome our newest attorney –Jonathan Lanesky – to our team.  Jon is a graduate of The American University and Michigan State College of Law, and his nineteen years of private and in-house practice has centered on insurance and healthcare law with an emphasis in medical liability.  Jon devotes a substantial

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Court of Appeals Determines Negligent Performance of a Contract is Not a Valid Claim

Court of Appeals for the Second Appellate District recently decided that negligent performance of a contract is not a valid claim. Bolin v. Allstate Property and Casualty Ins. Co. (2018-Ohio-3396) (2018-2016-sc-000572-dg). We had the privilege of representing Allstate in this complicated multi-claim/multi-policy action.  Allstate issued a dwelling policy and several vehicle policies to Plaintiffs. A

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Ohio Law Rejects Restatement of the Law of Liability Insurance

The American Law Institute generates “Restatements of the Law” based upon majority legal rules from different jurisdictions, and Courts often rely upon the Restatement as helpful guidance when the Court does not have established authority on a given topic. However, in May of 2018 the ALI’s new draft Restatement of the Law of Liability Insurance

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Batter Up! A School District is Fighting Back By Arming Teachers – With Baseball Bats

One Pennsylvania school district’s decision to arm teachers with baseball bats evokes the image of teachers roaming up and down the halls, wood bats on their shoulders, ready to take on any potential intruders. That is not quite the case. The district purchased $1800 worth of 16-inch bats, about half the size of standard major

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Kentucky Supreme Court Rules Dog Owner is Strictly Liable

The Kentucky Supreme Court has issued a decision imposing strict liability upon the owner of a dog that attacks and injures another person. See Maupin v. Tankersley, 2016-SC-00572-DG. As a result, comparative fault and premise liability defenses are irrelevant when determining the liability of a dog owner. In Maupin, the plaintiff sought damages for her

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