Texas Federal Court Sorts Through Expert Challenges In Insurance Coverage Dispute For Well Blowout
Posted on Aug 5, 2014 in Energy/Environmental, Investigations, Litigation | Comments Off on Texas Federal Court Sorts Through Expert Challenges In Insurance Coverage Dispute For Well Blowout
Following an oil well blowout in Reeves County, Texas in September 2011, the operator sought insurance coverage under a policy providing protection against well blowouts and reimbursement for costs and expenses reasonably incurred in bringing the well under control. When the operator filed its insurance claim for the expenses related to the clean-up and the re-drilling of a...
Second Circuit Finds State Insurance Laws Prohibiting Insurer From Seeking Reimbursement For Medical Benefits Paid In Tort Settlements Not Preempted By ERISA
Posted on Aug 4, 2014 in Litigation | Comments Off on Second Circuit Finds State Insurance Laws Prohibiting Insurer From Seeking Reimbursement For Medical Benefits Paid In Tort Settlements Not Preempted By ERISA
The Second Circuit held that ERISA does not preempt claims against defendant-insurers under a New York state law prohibiting insurers from seeking reimbursement of medical benefits paid in tort settlements. The opinion reversed the district court’s ruling and resulted in the revival of a New York state class action. Specifically, N.Y. Gen. Oblig. Law § 5-335 provides that a personal...
Sixth Circuit Reverses District Court’s Exclusion Of Plaintiff’s Expert Witness Testimony That Contradicted Plaintiff’s Own Testimony In Gun Case
Posted on Aug 1, 2014 in Investigations, Product Liability | Comments Off on Sixth Circuit Reverses District Court’s Exclusion Of Plaintiff’s Expert Witness Testimony That Contradicted Plaintiff’s Own Testimony In Gun Case
A plaintiff initiated a product liability suit after he was seriously injured when a revolver made by the defendant gun manufacturer discharged improperly. The plaintiff offered only one expert witness, who concluded that the gun’s cylinder was not closed and locked when fired as a result of manufacturing and design defects. The expert specifically opined that when the plaintiff...
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