Court Rejects Maritime Insurer’s Late Notice Defense

October 2022 | Category: Articles and Presentations

In a maritime insurance coverage dispute involving late notice to the insurer, a federal district court in Louisiana recently denied an insurer’s motion for summary judgment notwithstanding its findings that the insureds unreasonably delayed in reporting the loss and the insurer established actual prejudice resulting from the insureds’ unreasonable delay. Champagne v. M/V Uncle John, et al., No. 21-476, 2022 WL 6742007 (E.D. LA October 11, 2022).

Read Article

Washington Supreme Court Allows Recovery of Extraordinary Damages for “Negligent Reproductive Healthcare”

September 2022 | Category: Articles and Presentations

Have parents sustained compensable damages if they have an unplanned child as a result of a physician’s failure to meet the standard of care when providing contraceptive care? What if the child is born with disabilities that were not caused by the physician’s care? Is the physician liable for the extraordinary medical costs necessitated by the child’s condition? May the parents recover for emotional distress arising from raising a child with disabilities? The Washington Supreme Court recently answered these questions in the affirmative in Pacheco v. U.S., 515 P.3d 510 (2022).

Read Article

Court Enforces Primary-Residence Exclusion in Boat and Personal Watercraft Policy

February 2022 | Category: Articles and Presentations

In Progressive Garden State Ins. Co. v. Metius, a federal district court held that a boat qualified as its owner’s “primary residence,” and after the boat burned and the boat owner filed a claim with its insurer to recover damages, the court held that the insurer’s “primary residence” exclusion in a Boat and Personal Watercraft Policy barred coverage.

Read Article