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T. Thomas Metier

Does a Trial Court Have the Authority to Preclude Testimony as a Discovery Sanction?

The Nebraska Supreme Court sorts out this question in Putnam v. Sherbring et al., (297 Neb. 868). To enforce progression orders in an automobile negligence case, the district court excluded untimely disclosed expert opinions about medical bills. Relying upon our […]

T. Thomas Metier

When a Driver Hits Two Bicyclists Consecutively, Is It One Accident or Two?

In a case of first impression, the Supreme Court of Wyoming took on this question in Hurst v. Metropolitan Property and Casualty Insurance Company, (2017 WY 104). On May 31, 2014, Larry and Sara Hurst (“Larry” and “Sara”) were riding […]

T. Thomas Metier

In a Sale of an Automobile, at What Point in the Process is the Sale Complete, Removing Liability from the Seller?

In a lawsuit filed by the co-guardians of John Czajkowski, Kerns v. National Union Fire Insurance Company of Pittsburgh, Civil Action No. 16-cv-01245-MSK-CBS, (D. Colo. Sept. 13, 2017). the United States District Court D of Colorado determined the answer to […]

T. Thomas Metier

When Do an Insurance Company’s Responses Move from Negotiation to Unreasonable to Bad Faith?

The United States District Court D in Colorado addressed that question in Rivera v. State Farm Mutual Insurance Co., Civil Action No. 16-cv-00227-MSK-MJW, (D. Colo., Sept. 11, 2017). Joyce Rivera (“Rivera”) was involved in a rear-end automobile accident in El […]

T. Thomas Metier

What Circumstances Would Lead to a New Trial on the Damage Award Only?

In Bavlsik v. General Motors, Nos. 16-1491, 16-1632, (8th Cir. 2017),  the Court of Appeals for the Eighth Circuit took on this question. About five years ago Michael Bavlsik (“Bavlsik”) was driving his 2003 GMC Savana van when he collided […]

T. Thomas Metier

On an Insurance Policy, Can One Party Act as an Agent for the Other Party, the Co-Insured?

In Tucker v. Government Employees Insurance Company, No. 14-1192 (10th Cir. 2017), the United States Court of Appeals for the Tenth Circuit untangled this disagreement. David Tucker (“Tucker”) sued the Government Employees Insurance Company, d/b/a GEICO Indemnity Company (“GEICO”) for […]

T. Thomas Metier

When Does the Designated Driver Have a Heightened Responsibility for Her Passengers?

The United States Court of Appeals for the Eighth Circuit looked at that question in Hiltner v. Owners Insurance Company, No. 16-3217 (8th Cir. 2017). In this case, Samantha Denault (“Denault”) was the designated driver for a group of friends […]

T. Thomas Metier

Is the $75,000 ‘Amount in Controversy’ Flexible When It Comes to Subject Matter Jurisdiction?

The United States Court of Appeals for the Eighth Circuit answers that question in Peterson v. Travelers Indemnity Company, No. 16-1146 (8th Cir. 2017). Lori L. Peterson (“Peterson”) was injured in a car accident while driving a loaner vehicle from […]

T. Thomas Metier

What Evidence Proves an Insurance Company Has Satisfied Its Statutory Duty of Proper Notice When Canceling a Policy?

Because of the lack of proof that the cancellation notices were timely sent by certified mail, American Standard did not meet its burden.

T. Thomas Metier

Does UM/UIM Statute Require Each Named Insured to Reject the Coverage or Is One Rejection Binding for All?

The Supreme Court also examined whether the Colorado legislature, in writing that statute, negated the common law principles of implied authority and apparent authority.