Federal court certifies questions about comparative fault to Florida and discusses inherently dangerous condition.
National Railroad Passenger Corporation v. Roundtree
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U. S. Eleventh Circuit -- Florida law
March 26, 2002
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State law, not insurance policy, sets limit for mental anguish claim in aviation policy.
Old Republic Insurance
Co. v. Durango Air Service
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U.S. Tenth Circuit -- Colorado law
March 15, 2002 TRANSPORT
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A claim for Post Traumatic Stress Disorder-- With Delayed Onset must be made within two-years of stress producing event.
Brunell v. Wildwood Crest Police
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New Jersey Appellate Division
February 20, 2002 WORKERS COMPENSATION
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A worker injured while working on a vessel may maintain a claim for lack of seaworthiness against the vessel owner, even though the jury found that the Plaintiff was not a “seaman” under the Jones Act.
Freeze v. Lost Ise Partners
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California Court of Appeals
February 8, 2002 TRANSPORT
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Without pilot having requisite experience there is no coverage for hull damage-- even though pilot's lack of experience not related to the accident.
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New Jersey Supreme Court
November 20, 2001 TRANSPORT
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No Federal Aviation Act preemption of state negligence claims against airlines caused by object falling from overhead bins.
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California Court of Appeal
November 7, 2001 TRANSPORT
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By affirmatively deciding not to adopt a federal standard for propeller guards, the Coast Guard has, in fact, decided that states should not adopt a standard either. In considering the federal decisions on this matter, Court finds that: "where the Coast Guard has been presented with an issue, studied it, and affirmatively decided as a substantive matter that it was not appropriate to impose a requirement, that decision takes on the character of a regulation and the FBSA's objective of national uniformity mandates that state law not provide a result different than the Coast Guard's."
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Illinois Supreme Court
August 16, 2001 TRANSPORTATION
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Insured vessel that sank in calm waters presumed unseaworthy.
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First Circuit
August 2, 2001 OCEAN MARINE
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Missouri statutes do not preempt Union Pacific's common law duty to exercise due
care to protect the public at railroad crossings. Section 389.610.4 vests
"exclusive power" over railroad crossings with the division of motor carrier and
railroad safety. This provision supplements existing law and must be read with
its subsection 2, which requires a railroad to "construct and maintain good and
sufficient crossings." Nothing in the statute negates the common law duty.
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Missouri Supreme Court
May 29, 2001 TRANSPORT
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Federal Arbitration Act does not apply to package delivery drivers. Also, failure to raise related state claims will not preserve arbitration rights.
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U.S. Ninth District
May 22, 2001 TRANSPORT
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Federal court has subject matter jurisdiction over marine policy even though the policy limited coverage to inland waters and required
dry docking six months out of the year.
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U.S. Ninth Circuit
May 3, 2001
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An aircraft owner discharges his FAA-mandated
maintenance duty by having such maintenance performed by licensed professionals.
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Illinois Supreme Court
March 30, 2001 AVIATION
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Evidence is sufficient to support claim that fire was intentionally set by someone and that is enough to preclude coverage under hull policy.
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U.S. First Circuit - Massachusetts law
February 13, 2001 ADMIRALTY
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Federal Railroad Safety Act applies equally to FELA claims as it does to claims by non-railroad employees.
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U.S. Fifth District
February 6, 2001 RAILROAD
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If no monetary damages are claimed, there is no duty to defend
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California Court of Appeals, First District, Division Four
January 8, 2001 LIABILITY/COVERAGE
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New Zealand courts provide an adequate
remedy for aviation claim
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Ninth Circuit
January 8, 2001 AVIATION/PROCEDURE
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Federal Boat Safety
Act preempts claims under state
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Fifth Circuit
September, 2000 ADMIRALTY
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State not federal law governs maritime insurance law on recovery of attorneys fees
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Tenth Circuit - Florida law
August, 2000 ADMIRALTY/PROCEDURE
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In aviation case a utility was held liable for not marking wires when it should have been aware of risk due through prior accidents
Missouri Supreme Court
August, 2000 AVIATION
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State
statute permitting recovery of attorneys fees in declaratory releif applies to admiralty action
Eleventh Circuit - Florida law
August, 2000 ADMIRALTY
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An endorsement on an indemnity policy excluding the towing of yachts in excess of 50 feet was found to be clear and unambiguous
and state law controls maritime insurance disputes
Second Circuit
August, 1999 ADMIRALTY
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An indemnity policy could not avoid coverage by asserting a violation of the crew warranty clause when the captain was not included in the crew limitation
First Circuit
August, 1999 ADMIRALTY
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