The Kansas Workers Compensation Act, like similar acts in many other states, imposes liability both on the actual employer and on the “statutory employer.” K.S.A. § 44-503(a). See also Ariz. Rev. Stat. § 23-902(A); Colo. Rev. Stat. § 8-41-401; Minn. Stat. § 176.215, subd. 1; Mo. Rev. Stat. § 287.040; Neb. Read More
Sublimits are one of the most common sources of consternation for our business clients. A “sublimit” is a lesser insurance limit of liability that applies to a specific type of loss and is included within the larger, generally applicable, limit. Here are some common examples: a fiduciary liability policy may Read More
“Professional liability insurance,” which is also called “errors and omissions” (E&O) liability insurance, typically provides coverage for defense costs and settlements or judgments attributable to claims based on “Professional Services.” “Professional Services” is typically a defined term limited to services performed for a third-party for compensation. In addition, the Professional Read More
On Friday, June 14, 2019, the Kansas Supreme Court ruled that the statutory cap on non-economic damages in personal injury actions (e.g., for pain and suffering) violates the Kansas Constitution. See Hilburn v. Enerpipe LTD., __ P. 3d __, 2019 WL 2479464 (Kan. June 14, 2019). Specifically, the court held Read More
The majority of state supreme courts considering the issue over the last 20 years have determined that negligent or unintentional defective construction that causes property damage is an “occurrence”, potentially giving rise to coverage under a Commercial General Liability insurance (“CGL”) policy. See Black & Veatch Corp. v. Aspen Ins. Read More