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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Archives for February 2018

February 2, 2018 by admin

Illinois – Duty to Defend – Commercial General Liability – subcontractor – employee exclusion

2018 WL 576758 Only the Westlaw citation is currently available. United States Court of Appeals, Seventh Circuit. Larry D. DUNN, Plaintiff–Appellant, v. MENARD, INC., Defendant–Appellee. No. 17-1870 Argued January 17, 2018 Decided January 29, 2018 Opinion FLAUM, Circuit Judge. *1 Plaintiff-appellant Larry Dunn filed a negligence suit against defendant-appellee Menard, Inc. (“Menards”) after he was injured Read More »

Filed Under: Articles

February 2, 2018 by admin

Insurance — Commercial general liability — Coverage — Bodily injury or property damage — Duty to defend — Suit — Claim that notice and repair process for resolving construction disputes between property owners and contractors, subcontractors, suppliers or design professionals set forth in Chapter 558, Florida Statutes, constitutes a suit under insured’s commercial general liability insurance policy, so as to trigger the insurer’s duty to defend — Under Florida law, the notice and repair process set forth in Chapter 558 is included in the CGL policy’s definition of “suit” as an alternative dispute resolution proceeding to which the insurer’s consent is required to invoke the insurer’s duty to defend

27 Fla. L. Weekly Fed. C564a Insurance — Commercial general liability — Coverage — Bodily injury or property damage — Duty to defend — Suit — Claim that notice and repair process for resolving construction disputes between property owners and contractors, subcontractors, suppliers or design professionals set forth in Chapter 558, Florida Statutes, constitutes a Read More »

Filed Under: Articles

February 2, 2018 by admin

Civil procedure — Discovery — Trial court erred in overruling defendant’s objection to discovery by default after counsel appeared late for hearing which was set to address a variety of matters, including discovery objections — Trial court also departed from essential requirements of law by failing to conduct in camera inspection of documents claimed to be privileged

43 Fla. L. Weekly D256a Civil procedure — Discovery — Trial court erred in overruling defendant’s objection to discovery by default after counsel appeared late for hearing which was set to address a variety of matters, including discovery objections — Trial court also departed from essential requirements of law by failing to conduct in camera Read More »

Filed Under: Articles

February 2, 2018 by admin

Workers’ compensation — Compensable accidents — Law enforcement officers — Heart disease and hypertension — Presumption of compensability — Claimant who had not undergone a physical examination upon entering into service as full-time law enforcement officer was not eligible for statutory presumption that his heart disease and hypertension were compensable — 2002 amendments to section 112.18, which extended statutory presumption to local LEOs, were procedural and, accordingly, prerequisites to presumption were retroactive and applied to claimant who was employed as local LEO prior to amendments

43 Fla. L. Weekly D243c Workers’ compensation — Compensable accidents — Law enforcement officers — Heart disease and hypertension — Presumption of compensability — Claimant who had not undergone a physical examination upon entering into service as full-time law enforcement officer was not eligible for statutory presumption that his heart disease and hypertension were compensable Read More »

Filed Under: Articles

February 2, 2018 by admin

Insurance — Uninsured motorist — Damages — Evidence of medical treatment insured might possibly need in the future was insufficient to sustain award of damages for future medical expenses — Award of damages for future medical expenses is limited to expenses reasonably certain to be incurred — Remand for trial court to either grant insurer’s motion for remittitur or conduct new trial limited to determination of future medical expenses

43 Fla. L. Weekly D238a Top of Form Insurance — Uninsured motorist — Damages — Evidence of medical treatment insured might possibly need in the future was insufficient to sustain award of damages for future medical expenses — Award of damages for future medical expenses is limited to expenses reasonably certain to be incurred — Read More »

Filed Under: Articles

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