The employer of a truck driver involved in an automobile accident may avoid a for negligent entrustment by admitting vicarious liability, the California Supreme Court has ruled in reversing judgment. The plaintiff was injured in a multi-vehicle accident that involved a truck driver employed by the defendant. She sued, alleging that the defendant was liable for negligent entrustment in addition to being vicariously liable for the negligence of its driver.
An adoptive mother has standing to sue for accidental death benefits allegedly due her children under their biological mother's ERISA plan, the 3rd Circuit has ruled in reversing a dismissal. The plaintiff adopted the three children of a family friend. When the friend died in an automobile accident, the plaintiff filed a claim for accidental death benefits on behalf of the children under the terms of insurance policies issued through the friend's employee benefit plan.
Erie Insurance Group says an internal investigation shows the company properly handled a claim by former state Superior Court Judge Michael Joyce. Joyce has been indicted on charges he bilked Erie Insurance and insurer State Farm out of $440,000 in an automobile accident claim. Joyce and his attorneys say he did nothing wrong.
An automobile insurer must cover a claim for psychological injuries made by an insured who witnessed a motorcycle accident in which her son suffered fatal injuries, the Michigan Court of Appeals has ruled in affirming judgment. The plaintiff's son was thrown from his motorcycle when another vehicle cut him off. The plaintiff was following her son in her own car at the time. She saw the accident and went to assist him. The young man was pronounced dead 30 minutes later.
TWP/CTY/STATE NEGLIGENCE/AUTO CIVIL MISCELLANEOUS PROCEDURE/RULES: The trial court did not err in failing to grant the plaintiffs motion to amend his complaint to allege willful and wanton misconduct and to add a claim for wrongful hiring or supervision in a case involving an automobile accident between a deputy sheriff and a stranded motorist: the trial court construed the complaint as if the plaintiff had alleged willfulness and wantonness, and there was insufficient evidence as a matter of law to establish that the county had wrongfully retained or supervised the deputy. The trial court did not err in holding that a deputy sheriff involved in an automobile accident had been on an emergency call within the meaning of R.C. 2744.01(A): the deputy was investigating an equipm...
A state law barring class actions to recover "penalties" does not preclude federal diversity jurisdiction for a class action alleging that an automobile insurer routinely failed to remit interest due its insureds, the U.S. Supreme Court has ruled. The plaintiff provided medical care to an Allstate insured who was injured in an automobile accident. The insured assigned her Allstate claim to the plaintiff as partial payment for her care.
Severn driver allegedly lied to car insurer A Severn man has been charged with filing a false insurance claim for an automobile accident that allegedly occurred while he was uninsured.
RES JUDICATA/ESTOPPEL CIVIL MISCELLANEOUS: The trial court erred when it determined that a parents claim for reimbursement of the medical expenses incurred after his minor son had been injured in an automobile accident was governed by the two-year statute of limitations in R.C. 2305.10(A): because the claim was based upon an injury to the parent not arising from a contract, it was governed by the four-year statute of limitations in R.C. 2305.09(D). The trial court properly granted summary judgment to the defendant on a parents claim for reimbursement of the medical expenses incurred as a result of treating his minor sons personal injuries: the claim was barred by the doctrine of res judicata, when those expenses had been awarded as damages in a prior...
Contracts Life insurance
..., 2007, Wilson, through counsel, submitted a claim to AMAIA for the death benefit and accidental deat... of contract claim against the Maryland Automobile Insurance Fund, an agency or instrumentality of th...
Missouri debtors can exempt unliquidated personal-injury claims from their bankruptcy estates despite federal caselaw holding otherwise, according to the Missouri Court of Appeals. The would-be debtor argued that opinions from the 8th U.S. Circuit Court of Appeals and the U.S. Bankruptcy Court for the Western District of Missouri misinterpreted Missouri law and should not be followed.
... personal-injury claim from an automobile accident and stated that he was going to file for ...
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