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Reminger Attorneys Win Supreme Court of Ohio Appeal to Prevent Imprudent Expansion of the Spoliation Tort

Posted by Unknown on Jun 12th 2018

June 6, 2018The Supreme Court of Ohio recently clarified the scope of the tort of spoliation,[1] which requires five elements under Ohio law: (1) pending or probable litigation involving the plaintiff, (2) knowledge on the part of defendant that litigation exists or is probable, (3) willful destruction of evidence by defendant designed to disrupt the plaintiff’s case, (4) disruption of the plaintiff’s case, and (5) damages proximately caused by the defendant’s actsIn Elliott-Thomas v. Smith, the
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Commercial Insurance Prices in U.S. Increase for First Time in 3 Years

Posted by Willis Towers Watson on Jun 12th 2018

Commercial Insurance Prices in U.S. Increase for First Time in 3 Years
Commercial insurance prices in the U.S. increased modestly in the first quarter of 2018, according to leading global advisory, broking and solutions company Willis Towers Watson’s Commercial Lines Insurance Pricing Survey (CLIPS). The survey compared prices charged on policies written during the first quarter of 2018 with those charged for the same coverage during the equivalent quarter in 2017. Price changes were in excess of 1 percent for the first time in 11 quarters, breaking the moderating
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Auto Claims Count Data Reflects Slow Growth

Posted by By Susanna Gotsch, director, industry analyst for CCC Information Services Inc. on Jun 7th 2018

Private passenger auto insurance had been experiencing a steady rate of declining claim frequency over the last two decades with a variety of factors having been identified as contributors to the trend, including an aging population, fewer miles driven, graduated licensing for teenagers, higher deductibles and more vehicles than drivers.Several additional factors came into play with the recession, including higher unemployment and fewer miles driven. Recovery post-recession however occurred not
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Accident/Occurrence Requirement Does not Preclude Coverage for Vicarious Liability or Negligent Supervision

Posted by Haight Brown & Bonesteel LLP on Jun 7th 2018

In Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc. (No. S236765, filed 6/4/18) (L&M), the California Supreme Court ruled that the liability insurance requirement that injury be caused by an “occurrence,” defined as an “accident,” does not preclude coverage of an employer’s independent tort liability for injury deliberately caused by its employee.In L&M, Liberty insured a construction company that contracted to manage a construction project at a middle school in S
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Court to Revisit Decision Against Fiduciary Rule

Posted by By Elizabeth Dilts on Apr 27th 2018

 Court to Revisit Decision Against Fiduciary Rule
Attorneys general from California, Oregon and New York on Thursday filed a motion to intervene in a case between the securities industry and the U.S. Department of Labor, petitioning the full 5th U.S. Circuit Court of Appeals to revisit its earlier decision on a rule governing investment advice for retirees.The court, in a 2-1 decision in March, found in favor of the U.S. Chamber of Commerce, the Securities Industry Financial Markets Association and others that argued that the DOL’s fiduciary ru
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