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Admissibility of pre-trial statements of present physical condition

Gowling Lafleur Henderson LLP
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Canada
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April 17 2008

Recently, the British Columbia Court of Appeal in Samuel v. Chrysler Credit Canada Ltd., considered the purpose for which statements made by the plaintiff, which were recorded in clinical records and medical legal reports, could be admitted at trial

Use and operation of a vehicle

Gowling Lafleur Henderson LLP
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Canada
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April 17 2008

The statutory language "use and operation of a vehicle" was recently the subject of judicial interpretation in the context of no-fault benefits provided pursuant to section B of the Alberta Standard Automobile Policy in Arruda (Estate) v. Allstate Insurance Company

Structured settlement update

Drinker Biddle & Reath LLP
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USA
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August 2 2007

Set forth below are summaries of two recent court decisions

Ohio Supreme Court rules on exclusion of uninsured motorist coverage

Bricker & Eckler LLP
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USA
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August 28 2007

In a 5-2 decision the Ohio Supreme Court ruled on August 22, 2007 that Ohio auto insurance policies may exclude uninsured motorist coverage from injuries a policyholder suffers when another driver who enjoys immunity causes the injuries

Equine law update - where are we now?

RPC
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United Kingdom
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August 30 2007

In an equine context insurers are usually confronted with claims involving: (1) horses escaping or causing a collision on a road; (2) horse riding accidents in a riding school or competition; and (3) everyday handling of horses causing injury

Update

RPC
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United Kingdom
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August 30 2007

On 4 May 2007 the Department for Constitutional Affairs published a Consultation Paper proposing reforms to the civil law on damages

Court awards $8,490,666 in damages, including $6,000,000 in punitive damages, in bad-faith action involving policy with a $100,000 limit

Edwards Wildman Palmer LLP
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USA
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August 10 2007

In a bad-faith case involving wrongful denial of coverage of a wrongful death suit, a Pennsylvania Court awarded the policyholder’s assignee $8,490,666 in damages, despite the fact that the policyholder had pled guilty to voluntary manslaughter

Vicarious liability of motor vehicle lessors in Ontario

Gowling Lafleur Henderson LLP
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Canada
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July 6 2007

In December of 2005, the Ontario Government introduced legislation that extended vicarious liability for the negligent operation of motor vehicles to lessees of such vehicles, while limiting the potential liability of lessors