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Multiple Claims and Insufficient Limits

A single occurrence causes multiple bodily injuries, multiple instances of property damage, or both. Numerous claims are made, liability is reasonably clear, and the fair value of these claims far exceeds the available insurance limits of liability. What’s an insurer to do? Given the wide recognition of an action for bad faith failure to settle (e.g., Voccio v. Reliance Ins. Cos., 703 F.2d 1, 2 (1st Cir. 1983) (“Most ‘bad faith’ cases involve an insurance company’s refusal to accept an offer of settlement within the available policy limits.”), insurers are likely to be confronted with a damned if you don’t, damned if you do dichotomy. See 2-5A The Law of Liability Insurance §5A.13 (Matthew Bender & Co. 2009) (describing it as a “perplexing dilemma” and discussing various approaches to the problem). Many states’ unfair claims settlement practices laws prohibit insurers from “[n]ot attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear.”

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Pre-Event Waivers And Releases A Comparative Review Of Current State Laws

Facts - Health club member sued health club for personal injuries while on the club=s premises, but was not using the club=s exercise equipment. The member signed a waiver of liability as part of a membership agreement at the club. The waiver released the club from liability for all personal injuries sustained by a member on the premises whether using exercise equipment or not.

Rationale - A written release may exculpate a tortfeasor from future negligence or misconduct. To be effective, the release must be clear, unambiguous, and explicit in expressing the intent of the subscribing parties. The release need not achieve perfection. Exculpatory agreements in the recreational sports context do not implicate the public interest and therefore are not void as against public policy. In determining the purpose for which the release was signed, an appellate Court looks at the language of the release and the agreement in which it is included, and not the inherent risks of the underlying recreational or sports

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Spectator Injuries: Examining Owner Negligence and the Assumption of Risk Defense

INTRODUCTION

People attend sporting events for various reasons. A person may attend for the love of the game, because friends or family persuaded the person to go, or to impress that special someone. However, injuries to spectators can affect anyone at or near the game. Spectators who lawfully purchase tickets to attend sporting events are business invitees and are be able to recover damages from stadium owners who “knew or should have known that a condition existed which posed an unreasonable risk to the spectators, the spectators could not have discovered and protected themselves against this risk, and he owners failed to exercise reasonable care for the spectator’s protection.”

The purpose of this article is to: (1) analyze the current duty of care owed by stadium owners to spectators in baseball and hockey; (2) identify when any assumption of risk defenses...

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Multiple Claimants And Insufficient Limits – Can Insurers Lessen Their Exposure To Bad Faith Claims?

I. INTRODUCTION

When multiple claimants are vying for insufficient policy limits, an insurer’s bad faith exposure is magnified. If a settlement of some, but not all, claims exhausts the available policy limits, the insured is exposed to ongoing litigation without defense coverage. If the insurer conditions settlement on resolving all existing and potential claims, the insurer may face bad faith failure-to-settle claims from the plaintiff(s) unwilling to await a global resolution or dissatisfied with their share of the policy proceeds. This paper discusses and analyzes an insurer’s obligations to its insureds in multiple claimant/excess exposure scenario...

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A Three Dimentional Model of Stadium Owner Liability in Spectator Injury Cases

Stadium and event-site owners are under a duty to provide reason-ably safe premises for spectators at sporting events. In turn, spectators may find that in certain jurisdictions, they are limited to, or outright barred from, recovering damages resulting from injuries which occur at the event. This article analyzes the duties placed on the stadium and event-site owners to prevent such injuries, as well as the defenses avail-able to stadium and event-site owners.

Spectator injuries constitute a large area of negligence law and there is a commonality among the various spectator sports. This article analyzes stadium/event-site owner liability in a three dimensional model.The purpose of a three dimensional model is to unweave the complex fabric which constitutes liability for spectator injuries.

Various sports are independently analyzed in the first section, which represents one dimension. Analyzing specific spectator sports is some-what traditional. That is, law review articles typically analyze the risks inherent to spectators in the more popular sports by breaking these sports into separate categories.

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