Insurance Defense Quarterly Newsletter – September 2013
In the recent case of Kubert v. Best and Colonna, Superior Court of New Jersey Appellate Division, Docket No. A-1128-12T4, the New Jersey Court of Appeal’s ruled on whether a person who is texting from a location remote from the driver of a motor vehicle can be held liabile to persons injured because the driver was distracted by the text. To learn more about the facts, conclusion and analysis of this case, read this article.
Liability insurance policies provide insurance coverage only for accidental events and not for personal injury or property damage caused by an intentional act of their insured. To that end, insurance carriers generally include language in their policies providing coverage only if damages are caused by an “occurrence”. On July 13, 2013, the Wisconsin Supreme Court rendered a decision which helps clarify, and arguably narrows, the definition of “occurrence”. To learn more about this decision, read this article.
Gym owners, dance studios, night clubs, martial arts clubs, and other businesses often require their customers to sign liability waivers before they are allowed to engage in potentially dangerous physical activities. However, do these liability waivers really protect business owners from potential liability? In light of a recent Wisconsin Court of Appeals’ Decision in the case of Brooten v. Hickok Rehabilitation Services, LLC, 2013 WL 1809763, the answer is “not necessarily”. To read more about how this Decision unfolded, read this article.