Distracted Driver

A vehicle owned and operated by an insured employee, returning from a remote jobsite, fatally struck an 8 year old bicyclist in a driveway to a commercial complex. The bicyclist was riding home from elementary school and it was alleged that the insured driver was texting at the time of the collision. With a verdict… Read more »

The importance of maintaining your premises

The insured owned a commercial building which was occupied by a beverage retailer. A 17 year old employee of the retailer was disposing of trash when he fell into a partially uncovered cesspool at the back of the building and drowned. The case settled globally for $2M with the insured paying $1.75M. The insurer was… Read more »

Low Tech Driver Distraction

The insured driver was traveling in the right lane of a highway when avoiding a truck changing lanes caused him to drop a cup of coffee. When he bent over to retrieve the cup, his truck drifted over onto the shoulder of the road and struck the claimant’s vehicle which was parked on the shoulder… Read more »

High Tech Driver Distraction

The insured valet was driving a customer`s vehicle when it collided with the passenger side of another vehicle turning at an intersection. The vehicles in the left two lanes next to the valet stopped to allow the impacted vehicle to complete its left turn but the valet driver did not. The valet driver was traveling… Read more »

Investigating Potential Recovery: Are 3rd party vendors responsible?

The insured used a 3rd party vendor to host its website. It was subsequently reported that customers were having difficulty checking out orders on the website and that a breach had been discovered. Perpetrators had installed a script on the system, allowing access to the order and credit card information. It’s believed that 600 orders… Read more »

The Importance of Privacy Breach Response coverage: Exposure Mitigation

The insured was an accounting firm and sustained an IT security breach. The insured was an accounting firm and sustained an IT security breach. Thirty tax returns were altered and fraudulently transmitted to the IRS. Breach response services were provided, including credit monitoring and the issuance of notification letters to 1200 clients, which has contained… Read more »

Liquor Risks: The importance of internal controls

This loss illustrates the importance of TIPS training for the entire staff when liquor liability is a covered peril. TIPS training is an important deterrent against intoxication, underage drinking and drunk driving. The plaintiffs left the insured`s establishment after consuming numerous alcoholic drinks and rolled their car into a ditch. The passenger in the car… Read more »

Excess of Loss – “Assault at a Nightclub”

The claimant alleged that, while in the bathroom of the insured’s nightclub, she was assaulted by the insured’s employees. The insured advised that the claimant was unconscious in a stall and when an employee went into the stall to check on her safety, the claimant awoke and became violent. The employee then restrained the claimant… Read more »

Excess of Loss – “When Less is Not More”

The insured installed foam insulation at the plaintiff`s building. It was determined that the wrong thickness of insulation was installed and the subsequent removal and replacement cost approximately $500,000. Suit was filed to recover the costs, alleging breach of contract and negligence. The case went to trial and the plaintiff was awarded a total of… Read more »