| Not-to-Be-Missed Verdicts & Settlements |
| From FC&S Legal: The Insurance Coverage Law Information Center |
$1.7 Million Award in Worker's Asbestos Exposure Case |
A Philadelphia jury has awarded plaintiffs $1.7 million in a case in which a retired employee claimed that his former employer had negligently failed to protect him from dangers associated with asbestos-containing products present at the workplace.
Facts & Allegations
In July 2012, John Busbey died from mesothelioma, having been diagnosed with the condition the previous January. In 2001, Mr. Busbey had retired from ESAB Group Inc., where he had worked as a laborer for 39 years at its Alloy Rods welding-rod plant, in Hanover, Pennsylvania. Mr. Busbey alleged that he had been exposed to chrysotile (and some amosite) asbestos during his years at the plant. His primary exposure allegedly came from using a sweeper (a golf-cart-size street sweeper with an open cab), which cleaned the plant's approximately 300,000 square feet. Read More
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| $20.3 Million Jury Verdict Where Fund Manager Alleged that Ernst & Young Failed in Due Diligence of Madoff Feeder Fund |
A jury in the state of Washington has awarded plaintiffs $20.3 million for a negligent misrepresentation claim against Ernst & Young in connection with the Madoff fraud. Because the jury apportioned 50 percent liability to the plaintiffs and 50 percent to Ernst & Young, the plaintiffs will recover $10.15 million.
Facts & Allegations
Between 1997 and 2008, plaintiff FutureSelect Portfolio Management Inc., based in Redmond, Washington, was the general partner and manager of the plaintiffs' funds Telesis, Prime Advisor, and Merriwell. The plaintiffs invested approximately $200 million in Tremont Group Holdings Inc.'s Rye Investment Management unit, which was a feeder fund that sent its money to Madoff. Ernst & Young LLP did auditing work for funds managed by Tremont's Rye funds from 2000 through 2003. Read More
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| Jury Rejects Premises Liability Claim by Plaintiff Who Fell Off Exercise Machine |
A jury in Illinois has rejected a premises liability claim brought by a woman who alleged that she had been injured at a gym when she fell from an exercise machine.
Facts & Allegations
Jessica Cleary, a health educator, alleged that she was using a glute ham raise machine at Quads Gym on Broadway in Chicago when she fell from the machine and struck the front of her neck on a metal bar on the machine, sustaining an injury. Ms. Cleary sued Quads, claiming premises liability. Read More
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| Also from the Experts at FC&S Legal: |
| 2014 Insurance Coverage Law Case Digest |
The above compendium of cases is culled from the 2014 Insurance Coverage Law Case Digest, which includes hundreds of decisions from courts across the country covering numerous insurance coverage law issues that are of significance to insurance companies, policyholders, and the lawyers who represent them.
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