A Virginia hospital is not vicariously liable for a sexual molestation committed by one of its nurses against a patient because the nurse’s actions were clearly outside the scope of his employment duties and were personally motivated. A patient sued …
Florida families and their auto insurers can rest a little easier after the state Supreme Court decided Thursday that a mom cannot be held vicariously liable for an accident caused by her son who had borrowed the family car. In …
A Florida Supreme Court decision has put to rest some questions about whether a statute of limitations on lawsuits can be extended just because the insurance carrier is a party being sued. It cannot, the court held last week in …
Massachusetts car dealerships that provide customers with a courtesy vehicle to use while their car is being repaired are protected by federal law from liability should the courtesy car be in an accident, despite a state law that presumes the …
The New Jersey Supreme Court has affirmed that whether an employer is vicariously liable under the borrowed-employee doctrine is a question of fact that should be decided by the jury, not the judge, unless the evidence is obviously one-sided. The …
No one threatened to sue Avis Rent a Car after Roynetta McDavid’s little sister borrowed her rental car without permission and smashed it into another vehicle. But a claims handler for the company paid three people who were hurt in …
UK companies may let out a “sigh of relief” after Barclays Plc and Wm Morrison Supermarkets Plc won a pair of Supreme Court cases that drastically limit corporate responsibility for employee conduct. First, the court said Morrisons wasn’t responsible for …
“Legally obligated,” “legally responsible,” “legally must pay,” and “legally liable” are all insurance policy terminology referring to the same concept – legal liability. Legal liability is liability imposed by the courts through common law or by statute on any person …
During the life of a Florida claim, risk managers, adjusters or clients often ask, “What kind of jurisdiction is Florida for fault?” And all too often, the answer given since 2006 is, “purely comparative.” This is a reference to the …
The California Supreme Court ruled that a public school district may be vicariously liable for the negligent hiring, retention and supervision of a guidance counselor who allegedly sexually abused a student. And that ruling may have insurers taking a closer …
