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Court of Appeal rules on assessment of damages for personal injury in motor accidents

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • November 3 2010

In Clinton David Jacobs v Motor Insurance Bureau 2010 EWCA Civ 1208, the Court of Appeal held that where a person is injured by an uninsured driver and is entitled to recover from the Motor Insurers Bureau (MIB), that person is entitled to recover damages assessed according to English law, rather than the law where the accident occurred

Guernsey sets record payout in motor claim

  • Edwards Wildman Palmer LLP
  • -
  • Guernsey
  • -
  • October 1 2010

In a recent case, Helmot v Simon (Guernsey Unreported Judgment, 14 September 2010), the Guernsey Court of Appeal provided a UK record for the highest personal injury compensation payment, with the claimant receiving £13.7 million in compensation for personal injuries caused by a road traffic accident

Court finds coverage excluded for shooting by security guard

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 1 2010

A California Appeals Court recently held that a wrongful death action against a security guard who shot a man while on duty was excluded under an "assault and battery" exclusion, even if the security guard acted in self-defense

Third Circuit holds that drunken shooting attempt is not an “accident” for purposes of insurance coverage

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 15 2010

The Third Circuit recently held that an insured who, while intoxicated, allegedly attempted to shoot another person was not covered under his homeowner's insurance policies for the resulting liability, as the attempted shooting could not constitute an "accident."

Connecticut Superior Court awards summary judgment in favor of insurer on uninsured motorist claim involving bottle-throwing pedestrian

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • April 15 2010

The Connecticut Superior Court recently awarded summary judgment in favor of an insurer on an uninsured motorist claim involving a pedestrian who threw a bottle at the automobile driven by the plaintiff, injuring the plaintiff in the process

Court of Appeal orders retrial in luxury car credit hire case

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • March 31 2010

In Darren Bent v (1) Highways and Utilities Construction Ltd; (2) Allianz Insurance Plc 2010 EWCA Civ 292, the Court of Appeal was asked to order a retrial of the first instance decision of Mr Justice Yelton sitting in Cambridge County Court

Florida Supreme Court considering question of rental car company vicarious liability

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 9 2010

On March 1, 2010, the Florida Supreme Court heard oral argument in Rafael Vargas v. Enterprise Leasing Company, et al., SC08-2269

English High Court finds that Rome II applies to a motor compensation dispute

  • Edwards Wildman Palmer LLP
  • -
  • Spain, United Kingdom
  • -
  • March 4 2010

The High Court ruled, in Clinton David Jacobs v Motor Insurers' Bureau 2010 EWHC 231 (QB), that under European Union Regulation 8642007 (Rome II), Spanish law applied in the case of a UK resident seeking compensation for serious injuries sustained in Spain, at the hands of an uninsured driver, then resident in Spain