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  • Pa. Court Nixes $38.5M Award In Work Shooting Suit

    August 23, 2017

    On July 18, 2017, a Pennsylvania Superior Court reversed a $38.5 million punitive damages award in a fatal workplace shooting case. See Wilson v. U.S. Sec. Assocs., 2017 PA Super 226. A three-judge panel held that the claim for punitive damages was improperly allowed because it was introduced outside the statute of limitations. 

  • Texas Supreme Court Holds an Insurance Company’s Attorney Billing is not Discoverable on the Reasonableness of the Opposing Party’s Fee Claim

    July 13, 2017

    Following two hail storms which struck Hidalgo County in 2012, insured homeowners sued various insurers and claims adjustors, alleging underpayment of property damage claims and asserting statutory, contractual, and extra-contractual claims.

  • Indemnity? Insurance? Neither? Both? Fifth Circuit Denies Indemnity Claim but Remands for Determination of Additional Insured Coverage

    July 11, 2017

    A towing vessel damaged a Shell mooring line attached to a Shell a mobile offshore drilling unit in the Gulf of Mexico. After paying Shell’s damages, the towing vessel owner sued the owner of the assist towboat, claiming indemnity under the Master Service Agreement (“MSA”) between them. 

  • Lewis Brisbois Atlanta Coverage Team Makes New Law in Georgia

    July 11, 2017

    Atlanta Partner Seth Friedman and Associate Christopher Meeks obtained a ruling from the Georgia Court of Appeals that, absent very limited circumstances, third-party claimants do not have standing to bring a declaratory judgment action against an insurance company prior to obtaining a judgment against the insured. 

  • Louisiana Appellate Court Holds Exchange of E-mails Between Attorneys Insufficient to Bind Settlement

    July 11, 2017

    On May 11, 2017, the First Circuit Court of Appeals upheld the lower court’s denial of a Joint Motion to Enforce Settlement filed by Plaintiffs and Defendants/Appellants/JR Logging Inc., Jerry Avants, Jr. and Indemnity Insurance Company of North America. 

  • Louisiana Court Allows Recovery of Economic Loss in Admiralty Case, Refusing to Apply East River Doctrine

    July 11, 2017

    A helicopter ditched in the Gulf of Mexico due to engine failure. The pilot escaped unharmed, but the helicopter did not fare as well – it sank to the bottom. 

  • Texas Legislature Aims to Curb First-Party Property Insurance Abuses Occasioned by Weather Related events

    July 11, 2017

    It is no secret the state of Texas has experienced its fair share of foul weather and property damage claims within the last five years. In 2016, the state experienced one of, if not its most expensive hail and storm season in recent memory with an estimated half-a-million hail-damage claims alone. 

  • Fifth Circuit Upholds Order Requiring Seafood Company to Repay $1 Million Fraudulent Deepwater Horizon Claim

    July 11, 2017

    Appellant, Crystal Seafood Company, Inc. appealed an order of the lower holding the seafood processing company and two of its officers jointly and severally liable for a $1,034,228.42 payment received pursuant to a settlement of the company’s claim arising out of the Deepwater Horizon oil spill in April 2010. 

  • Fifth Circuit Upholds Dismissal of Louisiana Property Owner’s Suit Against Oil Company

    July 11, 2017

    In this case, Hess Corporation’s predecessor conducted oil operations on property located in Louisiana until 1971 and its oil and gas leases expired in 1973

  • In Texas, Surface Estate Owner Does Have the Ability To Allow Subsurface Horizontal Drilling Despite Separate Ownership Of The Mineral Estate

    July 11, 2017

    Anadarko wished to produce minerals beneath the Chaparral Wildlife Management Area controlled by the Texas Parks and Wildlife Department, which, though possible, was subject to considerable restrictions and expensive. 

  • Texas Appellate Court Advises if You Claim Under A Contract, You Are Subject To All Its Terms, Even Arbitration

    July 11, 2017

    This dispute arose out of Exxon’s attempt to obtain coverage as an additional insured under the umbrella policy issued to one of its contractors for its exposure arising from the April 2013 Exxon refinery fire which resulted in injuries to at least ten people, two of whom subsequently died. Exxon sued Lexington, as the umbrella carrier of Brock Services, who had three employees injured in the fire, for coverage. Lexington responded by moving to compel arbitration based on the arbitration clause in their policy. The trial court instead ruled the coverage dispute was easily determined “by a factual analysis requiring no interpretation of the policy itself,” and denied arbitration.

  • Fifth Circuit Makes Numerous Rulings Regarding Coverage for Insured’s Defense Costs and Denies Insurer’s Reliance on Billing Guidelines

    July 11, 2017

    In Aldous v. Darwin Nat’l Assurance Co., he plaintiffs, Charla Aldous and her law firm Charla G. Aldous, P.C. d/b/a Aldous Law Firm, sued their professional liability insurer, Darwin National Assurance Company, regarding defense costs Darwin owed, where plaintiffs’ attorney in the underlying malpractice suit also pursued claims for the insured and against the former client. 

  • Louisiana Court Finds Disputed Factual Issues In Maritime Negligence Case

    July 11, 2017

    In Ledet v. Parker Drilling Offshore USA, L.L.C., et al., following de novo review, the Louisiana First Circuit Court of Appeal found the trial court committed reversible error in resolving disputed factual issues and granting summary judgment in Defendants’ favor.

  • Laymon v. J. Rockcliff, Inc. – An Arbitration Clause Reminder

    July 07, 2017

    “California has a strong public policy in favor of arbitration,” and therefore, courts generally enforce arbitration clauses unless it is clear that the language of the clause does not cover the asserted dispute. 

  • SB 807 Will Allow More Texas Construction Disputes To Remain In Texas

    June 22, 2017

    On June 9, 2017, Texas Governor Greg Abbott signed SB 807 into law. In doing so, it will cause more litigation related to Texas construction projects to remain in Texas.

  • California Softens its Tough Licensing Law

    June 22, 2017

    Effective January 1, 2017, the Legislature has enacted a significant change to California’s strict contractor’s licensing law, providing some relief to contractors who have allowed their license to lapse through oversight or inadvertence – provided they can show that they acted “promptly and in good faith” in fixing the mistake. 

  • The State of Crawford in 2017

    June 22, 2017

    More than eight years ago, the California Supreme Court handed down Crawford v. Weather Shield (2008) 44 Cal.4th 541, holding that a contractual indemnitor must immediately assume an indemnitee’s defense, irrespective of whether it is determined that indemnity is actually owed.  

  • What Does Your Defense and Indemnity Construction Contract Mean in 2017?

    June 22, 2017

    California’s longstanding restrictions on defense and indemnity construction contracts have undergone several changes over the years with significant differences based upon the contract execution date.  

  • Is The Immediate Duty To Defend Gone? California Court of Appeal Holds That Attorney Invoices in Ongoing Litigation Are Privileged, Although Privilege Can “Expire” Upon Conclusion of the Case

    June 22, 2017

    Parties involved in California construction defect lawsuits over the past nine years are familiar with the following scenario: A developer/general contractor moves for summary adjudication of the contractual duty to defend owed by one or more subcontractors.   

  • California Court of Appeal Holds that Pre-Litigation Process In SB800 Applies To All Homeowner Defect Claims – Issue Before California Supreme Court

    June 22, 2017

    California’s Third District Court of Appeal recently clarified the scope of the Right to Repair Act, commonly known as SB-800 (“SB-800”).   

  • Knightbrook Insurance Company v. Payless Car Rental Systems

    June 20, 2017

    (Questions Regarding Application of Equitable Indemnity Principles Under Arizona Law Certified to Supreme Court of Arizona) 

  • Southern Insurance Company v. Workers’ Compensation Appeals Board

    June 20, 2017

    (Insurer Can Rescind a Workers’ Compensation Insurance Policy) 

  • Orzechowski v. Boeing Company Non-Union Long-Term Disability Plan

    June 20, 2017

    (California Insurance Code Section 10110.6 Voids Disability Plan’s Discretionary Clause) 

  • Pitzer College v. Indian Harbor Insurance Company

    June 20, 2017

    (California Supreme Court Grants Ninth Circuit’s Request to Respond to Certified Questions)

  • California Fair Plan Association v. Garnes

    June 20, 2017

    (Under Open Fire Insurance Policy, Insurer Required to Pay for the Cost of Repairing Kitchen Destroyed by Fire, Notwithstanding That the Cost of Such Repair Exceeded the Fair Market Value of the House)

  • Stein v. Axis Insurance Company

    June 20, 2017

    (Willful Misconduct Exclusion in Directors and Officers Policy Did Not Bar Insurer’s Obligation to Pay for Defense Expenses Incurred in Connection with Appeal of a Criminal Conviction Against the Insured)

  • Teleflex Medical Incorporated v. National Union Fire Insurance Company of Pittsburgh, PA

    June 20, 2017

    (Excess Insurer Breached the Implied Covenant of Good Faith and Fair Dealing By Failing to Defend or Agree to Contribute to a Reasonable Settlement Negotiated by the Insured and Primary Insurer)

  • Potential Unintended Consequences of the DOL Fiduciary Rule – Is an Overhaul in Order?

    April 11, 2017
  • Contract Calling for Work on Fixed Platform Deemed Maritime Contract

    April 03, 2017
  • Reconsidering Position on Covered Property Damage During Appraisal to Further Claim Resolution Does Not Warrant Bad Faith Damages

    April 03, 2017
  • “Turn-Around” Work Considered Part of Facility Owner’s Business In Establishing Tort Immunity for Statutory Employer

    April 03, 2017
  • Lewis Brisbois Successful in Getting Claims Against D&O Carrier Dismissed

    April 03, 2017
  • Louisiana Law Precludes Claim for Tortious Interference with Contract Against Employee Who is Not a Corporate Officer

    April 03, 2017
  • Unauthorized Debit Card Redemptions Are Not Covered by Computer Fraud Provision

    April 03, 2017
  • No Duty Owed By Architect To Adjacent Property Owner Under Louisiana Law

    April 03, 2017
  • Through a Condo Owner’s Looking Glass - A Shade of Green – or is that Gray?

    April 03, 2017
  • Collateral Source Rule Applies to Louisiana Workers’ Compensation Insurance Payments

    April 03, 2017
  • U.S. Fifth Circuit Finds no State or Federal Actionable Claims Against Oil and Gas Related Companies for Erosion of the Coastal Marsh

    April 03, 2017
  • Association of California Insurance Companies v. Jones

    March 16, 2017

    (Supreme Court Overturns Lower Courts’ Invalidation of 2011 Regulation regarding Replacement Cost Estimates)

  • Pitzer College v. Indian Harbor Insurance Company

    March 16, 2017

    (Question Regarding Whether California Notice-Prejudice Rule Applies to Bar Coverage Based on Insured’s Failure to Secure Consent for Remediation Costs Under First Party Pollution Policy Certified to the California Supreme Court)

  • Medina v. Geico Indemnity Company

    March 16, 2017

    (Non-Owned Vehicle Liability Coverage Is Not Afforded to Insured when Van Was Furnished for Business and Personal Use)

  • Special Room for One: Booking Requirements Under The Americans With Disabilities Act

    February 09, 2017
  • Recent Florida Case Law on Letters of Protection

    February 09, 2017
  • Avoiding Liability Arising from an E. Coli Illness Claim

    February 09, 2017
  • Federal Appellate Court Holds That Insurance Broker Owes No Duty of Care to Clients When Not Retained to Procure Specific Coverage

    January 11, 2017
  • New Court of Appeal Opinion Regarding Anti-SLAPP Timing

    December 28, 2016
  • Horiike v. Coldwell Banker - Dual Agent Liability

    December 22, 2016
  • Res Judicata Applied to FLSA Plaintiffs Based on Prior Opt-Out Class Action Settlement

    December 20, 2016
  • Motion to Compel Arbitration Should be Decided Before Conditional Certification of an FLSA Collective Action

    December 20, 2016
  • Fifth Circuit Finds Claims Against First-Party Insurer Time Barred Despite Absence of Written Denial

    December 20, 2016
  • Denial of Coverage for Temporary Substitute Automobile found to Violate Louisiana Public Policy

    December 20, 2016
  • Florida Supreme Court Holds Bad Faith By Insurer Not Required for Award of Insured’s Attorney’s Fees

    December 20, 2016
  • Texas Court Enforces Forum Selection Clause and Dismisses Case

    December 20, 2016
  • Fifth Circuit Interprets Collateral Source Rule to Limit Recovery by Plaintiff to Medical Expenses Paid by LHWCA Insurer

    December 20, 2016
  • Attorney Not Entitled to Defense Against Claim for Reimbursement of Fees

    December 20, 2016
  • Louisiana Court Refuses to Find Admiralty Jurisdiction over Personal Injury Occurring on a Trailered Vessel

    December 20, 2016
  • Florida Supreme Court Adopts Concurrent Cause Doctrine for Property Damage Claims With Multiple Causes

    December 20, 2016
  • California Appellate Court Analyzes When Attorney-Client Relationship Ends Stopping Tolling of Statute of Limitations For Legal Malpractice Claim

    December 13, 2016
  • The FCRA: A Little Planning Could Shield Employers from a Lot of Trouble

    December 13, 2016
  • Attorneys Liability Protection Society, Inc. v. Ingaldson Fitzgerald, P.C.

    December 12, 2016

    (Alaska Statute Denying Reimbursement of Defense Costs Incurred under Reservation of Rights in Defending Non-Covered Claims Preempted by LRRA) 

  • Nickerson v. Stonebridge Life Insurance Company

    December 12, 2016

    (Brandt Fees Constitute Compensatory Damages for Constitutional Analysis of Punitive Damages Award) 

  • Advent, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA

    December 12, 2016

    (Because Named Insured Did Not Cause Job Site Personal Injury Accident And Named Insured’s Excess Policy Included a General Other Insurance Clause, Excess Insurer With Specific Excess Clause Is Not Entitled To Contribution For Settlement Of Personal Injury Lawsuit)

  • Tidwell Enterprises, Inc. v. Financial Pacific Insurance Company, Inc.

    December 12, 2016

    (Repeated Exposure to Heat Inside Fire Place Causing Damage to Surrounding Wood Timbers Triggered Potential Coverage Under General Liability Policy Notwithstanding that Actual Fire Took Place After Expiration of Such Policy)

  • Liberty Surplus Insurance v. Ledesma and Myer Construction

    December 12, 2016

    (Request For Certification Of Whether A Claim For Negligent Supervision Of Employee Related To A Claim For Intentional Conduct Of Such Employee Based On Sexual Molestation Constitutes An Accident Is Granted)

  • Mills v. AAA Northern California, Nevada and Utah Insurance Exchange

    December 12, 2016

    (Denial of Uninsured Motorist Claim is Proper Based on Cancellation of Automobile Policy)

  • Pre-Litigation Requirements For Condo Associations

    November 14, 2016
  • Two Year Statute Of Limitations Applies To Negligent Construction Defect Claims For Damage To Property

    November 14, 2016
  • Design Professional Protection Statute Withdrawn

    November 14, 2016
  • District Court Puts a Stop to the Importation of Products Liability Design Defect Principles Into the Consumer Fraud Context

    October 31, 2016
  • Supreme Court May Clarify Conspiracy Standard in Antitrust Class Action

    October 31, 2016
  • Washington Supreme Court Affirms Dismissal of Asbestos Related Wrongful Death Case on the Basis of the Statute of Limitations Over a Vigorous Dissent

    October 31, 2016
  • “Take-Home” Asbestos Exposures to be Taken Down a Notch?

    October 31, 2016
  • Texas Judge Dismisses 20,000 Cases Against BP in Benzene Release Lawsuit

    October 31, 2016
  • Challenging Whether Plaintiffs Pled Viable State Law Claims May be an Effective Strategy in Defending Consumer Data Breach Class Action Litigation Even Where Plaintiffs Can Meet Federal Article III Standing Requirements

    October 31, 2016
  • Federal Appeals Court Vacates a $147M Jury Award Based on Comity Principles

    October 04, 2016
  • Revisions to Madison County Standing Case Management Order For All Asbestos Personal Injury Cases: An Analysis and Summary

    September 30, 2016
  • $60 Million PAGA Claim Goes Up In Smoke – The Williamson Doctrine Used As A Sword To Cut The Heart Out of a Class Action

    September 30, 2016
  • A Strategy For Defeating Class Certification in Fair Debt Collection Practices Act Putative Class Actions

    September 30, 2016
  • All-Natural Class Action Suit in New York Federal Court Is Placed On Hold

    September 30, 2016
  • Court Rules That Website Did not Bind Consumers To Arbitrate Their Claims

    September 30, 2016
  • Maine Supreme Court Decision Clarified Causation in Asbestos Cases And Leaves Window Open for Sophisticated User Doctrine

    September 30, 2016
  • Update on Talc Litigation: “Made-for-Litigation” Testimony of Plaintiffs’ Experts Barred, Resulting in Dismissals

    September 30, 2016
  • Louisiana Court Upholds Application of Auto Exclusion in GL Policy for Inspection of Cargo Compartment of Delivery Truck

    September 27, 2016
  • Florida Federal Court Denies Bad Faith Failure to Settle Claim Where Insured’s Liability was Unclear

    September 27, 2016
  • Louisiana Supreme Court Adopts Pro Rata Approach to Defense Costs Allocation in Long Latency Cases

    September 27, 2016
  • Texas Court Rejects Policy Interpretation Extending Coverage To Well Blowout Expenses

    September 26, 2016
  • Fifth Circuit holds Floating Offshore Tension Leg Platform not a Vessel Under LHWCA

    September 26, 2016
  • Dueling Policies: When Excess Carriers Face Off In Mississippi

    September 26, 2016
  • Texas Supreme Court Reverses $71 Million Judgment and Upholds Policy Exclusion for Leased-in Workers

    September 26, 2016
  • Component Parts Not Covered After Removal From Scheduled Rig

    September 26, 2016
  • Louisiana Court Holds Documents Created by Loss Prevention and Claims Management Companies are not Protected as Work-Product

    September 26, 2016
  • Louisiana Court Upholds Award of $23 Million in Punitive Damages under General Maritime Law

    September 26, 2016
  • American Family Mutual Insurance Company v. Hansen

    September 22, 2016

    (Colorado Supreme Court Reverses Finding of Liability for Bad Faith Breach of Insurance Contract and Statutory Damages of Two Times the Cover Benefit with Unanticipated Holding that Insurance Policy was Unambiguous)

  • Demer v. IBM Corporation LTD Plan

    September 20, 2016

    (Skepticism of Perceived Financial Conflict of Independent Physician Consultants Reviewing Disability Claims) 

  • Truck Insurance Exchange v. Workers’ Compensation Appeals Board

    September 20, 2016

    (Notice to Employer Is Deemed Notice to Insurer, Defeating Argument of Laches as to Seven Year Delay in Filing Claim with Insurer) 

  • Travelers Casualty Insurance Company of America v. Hirsh

    September 20, 2016

    (Per Curiam Court Upholds Denial of Anti-SLAPP Motion while Concurring Judges Signal Willingness to Bar Future Anti-SLAPP Motions from Federal Court) 

  • People v. Lexington National Insurance Corporation

    September 20, 2016

    (Bail Forfeiture for Non-Appearance of Criminal Defendant Extends to Misdemeanor Charges) 

  • Baldwin v. AAA Northern California, Nevada & Utah Insurance Exchange

    September 20, 2016

    (Insurer Not Obligated to Compensate Insured for Lost Resale Value Upon Election to Repair Vehicle After Accident) 

  • Liberty Surplus Insurance Corporation v. Ledesma and Meyer Construction Company, Inc.

    September 20, 2016

    (Court of Appeals Certifies Question Regarding Whether a Claim for Negligent Supervision Constitutes an “Occurrence” as Defined in CGL Policies)

  • Barickman v. Mercury Casualty Company

    September 20, 2016

    (Insurer’s Refusal to Agree to Clause in Release Preserving Claimants’ Right to Restitution Constituted Bad Faith Entitling Third Party Claimants to Excess Judgment)

  • Ace American Insurance Company v. Fireman’s Fund Insurance Company

    September 20, 2016

    (Excess Carrier May Maintain Claim for Equitable Subrogation Notwithstanding the Absence of a Judgment in Excess of Primary Policy Limits)

  • Paslay v. State Farm General Insurance Company

    September 20, 2016

    (Question of Fact Existed Relative to Payment of Insurance Benefits Under First Party Property Damage Coverage Afforded by Homeowners Policy, However Claims for Bad Faith and Elder Abuse Were Barred by the Genuine Dispute Doctrine)

  • New CA Supreme Court Opinion on Anti-SLAPP Procedure Overturning the Mann Rule Regarding Mixed Causes of Action

    September 16, 2016
  • Recent TCPA Rulings Highlight Controversy Following Supreme Court’s Spokeo Decision

    September 12, 2016

    Reminiscent of the fable of the Elephant and the Blind Men, the United States Supreme Court’s splendidly opaque May 16, 2016 decision in Spokeo v. Robins has left counsel for both plaintiffs and defendants arguing that the decision supports their view of the requirement of “concrete and particularized” injury necessary to support Article III standing in Federal courts. 

  • 9th Circuit Rules Mandatory Class Action Waivers are Illegal in Morris, et al. v. Ernst & Young LLP, et al.

    August 31, 2016
  • Illinois Appellate Court Overturns Verdict in Asymptomatic Asbestos Case

    August 30, 2016
  • Retaining Fingerprint Information Does Not Necessarily Violate The Illinois Biometric Act

    August 30, 2016
  • When $100 Million Just Isn’t Enough – Court Rejects Uber’s Proposed $100 Million Class Action Settlement As Not Fair, Adequate and Reasonable

    August 30, 2016
  • A Look At Spokeo’s Impact On Consumer Financial Litigation

    August 30, 2016
  • Talc And The Possible Link To Cancer

    July 26, 2016
  • Oregon Court Of Appeals:  Manufacturers Are Liable For Asbestos-Containing Replacement Parts Sold By Others

    July 26, 2016
  • Ninth Circuit Holds That Fair Debt Collection Practices Act Requires Subsequent Collectors To Issue Rights Notices

    July 26, 2016
  • Approval Of Huge Class Settlement Reversed Based On Conflict Of Interest Of Class Counsel Representing Subclasses With Diverging Interests

    July 26, 2016
  • Even After Remijas V. Neiman Marcus, Courts Continue To Dismiss Data Privacy Class Actions For Lack Of Standing

    July 26, 2016
  • Now You See It, Now You Don’t – Trial Court Vacates Class Certification Post-Trial Wiping Out A $32 Million Award

    July 26, 2016
  • Crew Sublimit of Protection and Indemnity Policy Unambiguously Applied to Loss

    June 29, 2016
  • P&I Policy Does Not Cover Jones Act Seaman’s Land-Based Accident

    June 28, 2016
  • OCSLA Choice of Law Is Not Waivable, Inadvertently or Otherwise

    June 28, 2016
  • Louisiana Court Upholds Award of $309,174 in Attorneys’ Fees for Pursuit of Maintenance and Cure

    June 28, 2016
  • Responsible Party under OPA not responsible for damages resulting from government imposed Moratorium and Permitorium

    June 28, 2016
  • Third Party Claimant Denied Action for Bad Faith Without Valid Assignment Against Insurer

    June 28, 2016
  • Texas – Not a Direct Action State, Even for Third Party Beneficiaries

    June 28, 2016
  • Louisiana Statutory Employer Defense Not Contingent on Valid Indemnity

    June 28, 2016
  • Attorney-Negotiated Discounts Do Not Fall Within Collateral Source Rule

    June 28, 2016
  • D. Cummins Corporation v. United States Fidelity & Guaranty Company

    June 22, 2016

    (Controlling Shareholder Lacks Standing to Bring Declaratory Relief Action Against Subsidiary Corporation’s Insurer) 

  • California Insurance Guarantee Association v. Workers’ Compensation Appeals Board

    June 22, 2016

    (Agreement to Apportion Liability Among Multiple Insurers Does Not Terminate Joint and Several Liability) 

  • Nickerson v. Stonebridge Life Insurance Company

    June 22, 2016

    (Brandt Fees May Be Included In Calculation Of Punitive-Compensatory Damages Ratio In Determining Constitutionality Of Punitive Damages Awarded Against An Insurer, Notwithstanding Fees Award Made By Trial Court After Jury Verdict)

  • Certain Underwriters At Lloyds London v. Arch Specialty Insurance Company

    June 21, 2016

    (Primary Insurer Entitled to Contribution from Another Primary Insurer for Defense Cost Payments, Notwithstanding Clause in Insuring Agreement Requiring Payment of Defense Costs Only When There is No Other Insurance Affording a Defense)

  • U.S. Department of Justice Establishes Pilot Program to Encourage Companies to Self-Report Foreign

    May 17, 2016

    The United States Department of Justice (the “DoJ”) issued a memorandum on April 5, 2016 (the “Memorandum”) announcing a one-year pilot program[1] created to encourage companies to voluntarily self-report FCPA-related misconduct and to cooperate with the Fraud Section of the Criminal Division of the DoJ.[2] 

  • 2015 Year in Review: Interesting Developments

    May 01, 2016
  • Valuable Intellectual Property Assets that all Architectural Firms Should be Exploiting

    May 01, 2016
  • NJ: Failure to Provide Timely Notice Under “Claims Made” Policy Constitutes Breach of the Policy

    May 01, 2016
  • NY: Engineer/Controlled Inspector Denied Coverage Under General Liability Policy

    May 01, 2016
  • NY: Adverse Inference Charge Permitted Against Seller on Misrepresentation Claim Related to Defects

    May 01, 2016
  • Maryland: Economic Loss Rule Re-Affirmed

    May 01, 2016
  • NY: 9-Year Gap Between Design Professional’s Invoices Defeats Continuous Representation Doctrine

    May 01, 2016
  • New Jersey’s Often Confounding Affidavit of Merit Act

    May 01, 2016
  • FL Court Allows Insurer to Withhold Payment for Sinkhole Damage Repairs Until Contract is Entered

    March 31, 2016
  • Federal District Court in TX Dismisses Suit Against Claims Adjuster on Basis of Fraudulent Joinder

    March 31, 2016
  • Fact Findings of District Court Only Reversed on Appeal if Clearly Wrong

    March 31, 2016
  • 2016 Supreme Court Intellectual Property Cases

    March 29, 2016
  • Federal Fifth Circuit Finds Federal Jurisdiction over Oil Pipeline Pollution Suit

    March 28, 2016
  • Texas High Court Holds Loss-Of-Use Damages Available In Total Destruction Cases

    March 28, 2016
  • Insurers’ Oil Rig Coverage Trial Win Upheld By Federal Fifth Circuit

    March 28, 2016
  • Court Found Drill Ship Could be “Vessel in Navigation” Under Facts Presented

    March 28, 2016
  • Insurer Must Defend Additional Insured Based on Policy Alone, Without Reference to Contract

    March 28, 2016
  • Seaman Seeks En Banc Review of Employer Ruling In Transocean Pirate Attack Suit

    March 28, 2016
  • Claims Dismissed Against Deepwater Horizon Clean-Up Responders

    March 28, 2016
  • Nationwide Mutual Insurance Company v. Shimon

    March 28, 2016
  • Vardanyan v. AMCO Insurance Company

    March 28, 2016
  • Amco Insurance Company v. All Solutions Insurance Agency

    March 28, 2016
  • Haering v. Topa Insurance Company

    March 28, 2016
  • Nevada’s Cumis Rule: When Two Lawyers are Better than One

    March 15, 2016
  • “Am I My Brother’s Keeper” (Or, the Continued Evolution of Respondeat Superior Liability in Nevada)

    March 15, 2016
  • The Collateral Source Rule in Florida

    March 15, 2016
  • The California Innkeeper Statute Defense

    March 15, 2016
  • Summary Judgment on Maintenance and Cure Denied After Plaintiff Found at MMI and Question of Entitle

    December 23, 2015
  • Supreme Court of Texas Declines to Rule on Attachment of Excess Coverage

    December 23, 2015
  • A Federal Judge in Sinkhole Litigation applies Louisiana Law to one Excess Insurance Policy

    December 23, 2015
  • Louisiana Third Circuit Holds Accident Medical Expense Benefit Provision Ambiguous

    December 23, 2015
  • Texas Supreme Court Weighs In On Physical Injury Under CGL Policy - Incorporation or Actual Harm?

    December 23, 2015
  • Prompt Payment Required Under Policy Cannot Be Delayed Due to Potential for Contractual Indemnity

    December 23, 2015
  • Owner of Rig Lost in Hurricane Not Liable for Damage to Vessel that Later Allided with Sunken Rig

    December 23, 2015
  • LA Court Interprets “Arising Out Of” and “Additional Insured” Provisions in FEMA Trailer Contracts

    December 23, 2015
  • Failure to Accept or Deny Claim Within 15 Days of Receipt of Adequate Information Warranted Statutor

    December 23, 2015
  • Louisiana Third Circuit Affirms No Duty to Defend or Provide Coverage

    December 23, 2015
  • Grebow v. Mercury Insurance Company

    December 16, 2015
  • Underwriters of Interest Subscribing to Policy No. A15274001 v. ProBuilders Specialty Insurance Co.

    December 16, 2015
  • The Applicability Of California’s anti-SLAPP Statute to Alleged Legal Malpractice Actions

    December 02, 2015
  • The Virtues and Vices of Arbitrating Legal Malpractice Cases

    November 30, 2015
  • New California Court of Appeal Opinion Re: Howell and Payments from a Medical Finance Company

    October 30, 2015
  • California Court of Appeal Opinion Re: Howell Issues with an Uninsured Plaintiff

    October 09, 2015
  • California Court of Appeal Opinion Re: Code of Civil Procedure Section 998 Offers and Howell Issu

    October 09, 2015
  • Case Studies: The Illinois Vendor/Builder Exception To Premises Liability

    October 09, 2015
  • Texas Supreme Court: Relevant Evidence Of A Plaintiff’s Use Or Non-Use Of A Seat Belt Is Admissible

    October 09, 2015
  • Vargas: The Next Step in the ‘Peculiar’ Evolution

    October 09, 2015
  • 5th Circuit Declines to Use Period of Employment with Borrowing Employer to Determine Seaman Status

    October 01, 2015
  • Owner of Drilling Rig Not Liable for Injury Caused by Broken Flip-Flop

    October 01, 2015
  • On Katrina’s 10th Anniversary: MRGO Gone but Not Forgotten

    October 01, 2015
  • RSL Funding, LLC v. Alford

    September 28, 2015
  • First American Title Ins. Co. v. Spanish Inn, Inc.

    September 28, 2015
  • Fluor Corp. v. Superior Court

    September 28, 2015
  • 21st Century Insurance Company v. Superior Court

    September 28, 2015
  • Sequeira v. Lincoln National Insurance Company

    September 28, 2015
  • Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C

    September 28, 2015
  • Williams v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania

    September 28, 2015
  • Gradillas v. Lincoln General Insurance Company

    September 28, 2015
  • Kaady v. Mid-Continent Casualty Company

    September 28, 2015
  • Texas Case Warrants Over $4 Million in Attorneys’ Fees

    September 26, 2015
  • Warranty and Pollution Provisions of Marine Policies Upheld

    September 26, 2015
  • EPA Suit for CERCLA Cleanup Triggered CGL Insurer’s Duty to Defend

    September 26, 2015
  • Claims Made Policy’s Notice Provision Enforced By Texas Appeals Court

    September 26, 2015
  • Efforts Fail to Have Insurance Policy Buy Out Require Insured to Step into Shoes of Defunct Carriers

    September 26, 2015
  • Fifth Circuit Re-Visits Standing Law on Seaman Status

    September 26, 2015
  • Fifth Circuit Opens The Floodgates

    September 26, 2015
  • Recent Traffic Law Changes for NYC Drivers in Serious Accidents Can Impact Future Civil Litigation

    September 23, 2015
  • Dismissal Obtained in Trucking Rollover Accident Where Plaintiff Alleged Employer Misrepresentation

    September 04, 2015
  • New Case on Inadmissibility of Request for Admission Denials

    September 01, 2015
  • Shipping Between the United States and Canada: Does the Carmack Amendment Always Apply?

    September 01, 2015
  • New CA Court of Appeal Opinion Re: Legal Malpractice Statute of Limitations and Tolling

    August 27, 2015
  • New CA Court of Appeal Opinion Re: Attorney-Client Conspiracy Statute

    August 27, 2015
  • CA Court of Appeal Opinion re Causation in Legal Malpractice Action

    August 20, 2015
  • Texas Liability for Service of Alcohol to Minors

    July 14, 2015

    The Texas Alcoholic Beverage Code is the body of law which governs the sale of alcohol in the State of Texas. To legally purchase or consume alcohol in Texas, the law requires an individual to be over the age of 21.

  • NY Court Reaffirms Principle that Owner of Public Establishment Has No Duty to Protect Patrons

    July 14, 2015

    New York’s Appellate Division, Second Department recently reaffirmed the principle that an owner of a public establishment has no duty to protect patrons against unforeseeable and unexpected assaults.

  • Unreasonable Risks Of Harm In Texas Premises Liability Cases

    July 14, 2015

    In the typical Texas slip-and-fall or trip-and-fall case occurring on a business owner’s premises, the plaintiff is a business patron (invitee). This class of plaintiff is afforded the widest protection in a premises case.

  • Scheduled Policy Applied as Blanket Due to Ambiguous Policy Wording

    July 09, 2015
  • Borrowed Servant Doctrine Used to Avoid Vicarious Liability

    July 09, 2015
  • Gross Negligence Standard Reinforced in Context of Mardi Gras Immunity Statute

    July 09, 2015
  • No Coverage for $12 million Oil Well Loss As Claims Did Not Allege Property Damage

    July 09, 2015
  • Florida Construction Defect Notice Is Not A “Suit”

    July 09, 2015
  • Insured’s ACV Claim Reaches For The Stars, But Finds Them Falling…

    July 09, 2015
  • Law of the Case Doctrine Inapplicable: Policy Does Not Cover Rig Damages

    July 09, 2015
  • BP Drops Rehearing Motion For Transocean’s Policy After Settlement of Deepwater Claims

    July 09, 2015
  • Fifth Circuit’s Denial of Punitive Damages to Seamen in McBride Stands as Law of the Circuit

    July 09, 2015
  • Louisiana Supreme Court Provides Important Guidance on Bad Faith

    July 09, 2015
  • Jurisdiction: A Personal Matter—The Shrinking World of Jurisdiction in California

    July 02, 2015
  • Nevada Overhauls Construction Defect Laws For Residential Construction

    July 02, 2015

    Nevada’s construction defect laws – primarily NRS 40.600 et seq. -- have long been regarded as one (if not the) most plaintiff-friendly laws when seeking recovery for construction defects in residential construction.

  • Guam Industrial Services, Inc. v. Zurich American Insurance Company

    June 30, 2015

    (Costs to Recover Pollutants Sealed in Container Not Within Coverage for Pollution Remediation)

  • Stankova v. Metropolitan Property and Casualty Insurance Company

    June 30, 2015

    (Damage Caused by an Occurrence Excluded Under Standard Fire Insurance Policy Covered if a Covered Occurrence Was the Direct Cause of the Excluded Occurrence)

  • Prichard v. Metropolitan Life Insurance Company

    June 30, 2015

    (Standard for Review of a Denial of Disability Benefits Is De Novo When the Plan Documents Do Not Contain Grant of Discretion, Even Though SDP Does Contain Grant of Discretion)

  • Association of California Insurance Companies v. Jones

    June 30, 2015

    (Insurance Commissioner Does Not Have the Authority under UIPA to Promulgate a Regulation Providing Requirements Regarding Estimate Replacement Cost)

  • Centex Homes v. St. Paul Fire and Marine Insurance Company

    June 30, 2015

    (Developer Was Not Entitled to Independent Counsel Based on the Absence of an Actual Conflict of Interest Arising Out of Coverage Issues Related to An Insurer’s Reservation of Rights Agreeing to Defend Developer in a Construction Defect Lawsuit)

  • Albert v. Mid-Century Insurance Company

    June 30, 2015

    (Insurer Properly Denied Defense of Underlying Lawsuit For Intentional Tree Trimming Along Property Line)

  • Crown Capital Securities, L.P. v. Endurance American Specialty Insurance Company

    June 30, 2015

    (Exclusion In E & O Policy Barring Coverage Of Underlying Facts Or Circumstances Giving Rise To Later Reported Claims Applied To Bar Defense Of Subsequently Filed Claims Against An Insured Investment Advisor.)

  • Ong v. Fire Insurance Exchange

    June 30, 2015

    (Vandalism Exclusion Did Not Apply to Bar Property Loss Caused By Fire Started By Transient)

  • Break into Sports or Broke out of Sports?

    June 05, 2015
  • New Design Patent Law Streamlines International Patent Application Process

    June 05, 2015
  • Reassessing Options for Protecting IP Rights in Software Systems in the Wake of the Alice Decision

    June 05, 2015
  • Representations and Warranties Insurance in Deals: What Is It and Why Would You Need It?

    June 05, 2015
  • New Court of Appeal Opinion Re: Anti-SLAPP Motion and Mixed Causes of Action

    May 08, 2015
  • New CA Court of Appeal Opinion Regarding Mediation Confidentiality

    May 08, 2015
  • New Court of Appeal Opinion: Statute of Limitations for Misappropriation of Settlement Funds Claim

    May 08, 2015

    The Court of Appeal, Second Appellate District, Division One (LA), issued an opinion in Britton v. Girardi (Apr. 1, 2015, B249232) __ Cal.App.4th __, analyzing the statute of limitations in an action for misappropriation of and failure to account for settlement funds.

  • Indiana Supreme Court Leaves Door Open For Expanding Insurance Broker Duties

    May 08, 2015

    In March of this year, the Indiana Supreme Court issued a split decision in addressing a familiar fact pattern involving whether the extent of duty owed by an insurance broker included the duty to advise concerning the adequacy of coverage.

  • Representations and Warranties Insurance: What Is It and Why Would You Need It?

    April 22, 2015
  • Alterra Excess And Surplus Insurance Co. v. Estate Of Buckminster Fuller

    March 25, 2015

    (Intellectual Property Exclusion Applies to Bar Coverage of Underlying Lawsuit Based on Misappropriation of Name and Likeness)

  • Bonnie Dubeck v. California Physicians’ Service

    March 25, 2015

    (Health Insurer Waives the Right to Rescind Personal Health Policy Due to a Two Year Delay in Electing to Rescind Policy)

  • Jessica Gonzalez v. Fire Insurance Exchange

    March 25, 2015

    (Sexual Assault and Potential False Imprisonment Claim Did Not Constitute Personal Injury Caused by an Occurrence as Required by Primary Homeowners Policy, However, Because the Insured’s Personal Umbrella Policy Did Not Require an Occurrence In Order to Trigger Personal Injury Coverage, Trial Court is Required to Consider Whether The Duty to Defend is Owed Under the Umbrella Policy for the Underlying Lawsuit.)

  • Windsor Food Quality Company, Ltd. v. The Underwriters Of Lloyds Of London

    March 25, 2015

    (Contaminated Beef Provided by Supplier to Insured for Use in Manufacturing its Food Products Did Not Constitute an “Insured Product” Entitling Insured to Coverage for the Recall of Such Products Based on the Fear of Contamination.)

  • McMillin Companies LLC v. American Safety Indemnity Company

    March 25, 2015

    (The Trial Court’s Denial of Insurer’s Motion for Summary Judgment on Procedural Grounds Did Not Establish the Duty to Defend Under Insurer’s Policy. In Addition, the Insured Was Entitled to Try Its Claim For Damages Based on the Insurer’s Alleged Breach of the Duty to Defend, Not Withstanding That Insured Received Payment of Defense Costs From Other Insurers Exceeding Its Claim of Unreimbursed Fees and Damages.)

  • Coastal Surgical Institute v. Blevins

    March 25, 2015

    (Insurance Code Section 11583 Tolling Applicable Statute of Limitations Applies to Medical Malpractice Actions)

  • Fifth Circuit Accepts McCorpen Defense and Reverses District Court Award of Punitive Damages

    March 18, 2015

    Case:Meche v. Doucet
               5th Circuit Court of Appeals (Louisiana) 
               2015 U.S. App. LEXIS 946

  • Insurer Liable for $6.3 Million in Attorneys’ Fees and Costs in Katrina Coverage Dispute

    March 18, 2015

    Case: Cox Operating, LLC v. St. Paul Surplus Lines Insurance Company
               Civil Action No. 4:07-cv-02724
               Federal District Court, Southern District of Texas

  • TX Supreme Court Overrules Case Law & Allows Admissibility of Seat Belt Evidence to Apportion Fault

    March 18, 2015

    Case: Nabors Well Servs. v. Romero
               Texas Supreme Court
               2015 Tex. LEXIS 142  (2/13/15)

  • Louisiana Appellate Court Suggests Chandris’ 30% Rule for Seaman Status is Only a Guideline

    March 18, 2015

    Case: Baldwin v. CleanBlast, LLC
               Louisiana Third Circuit Court of Appeal
               2015 La. App. LEXIS 187 (La. App. 3 Cir. 02/04/15)

  • Federal District Judge Dismisses Coastal Erosion Lawsuit filed in LA Against Oil and Gas Industry

    March 18, 2015

    Case: Board of Commissioner of the Southeast Louisiana Flood Protection Authority – 
               
    East et al. v. Tennessee Gas Pipeline Company, LLC et al. 
               Federal District Court, Eastern District of Louisiana
               2015 U.S. Dist. LEXIS 18461 (2/13/15)

  • Yacht Club Sent Sailing Over Late Notice To Insurer

    March 18, 2015

    Case: Yacht Club on the Intracoastal Condo. Ass'n v. Lexington Ins. Co.,
               11th Cir. Court of Appeals (Florida)
                2015 U.S. App. LEXIS 293

  • Texas Supreme Court Restores Status Quo and Rejects BP’s Claim to Transocean’s Insurance

    March 18, 2015

    Case: In re Horizon
               Supreme Court of Texas
               2015 Tex. LEXIS 141 (2/13/2015)

  • Recent NY Case Regarding Cross-Claims For Common Law Indemnification and Summary Judgment

    March 06, 2015

    In another recent snow and ice case, the Appellate Division, Second Department addressed the important standards for cross-claims for common-law indemnification and summary judgment asserted by a co-defendant.

  • New York State’s Storm In Progress Doctrine

    March 06, 2015

    A defendant moving for summary judgment on personal injury claims predicated on snow and/or ice has the burden of establishing, prima facie, that it neither created the icy condition nor had actual or constructive notice of it. In New York, this burden may be met by present

  • Basics of Texas Tort Law

    March 06, 2015

    Joint And Several Liability

    Tex. Civ. Practice & Remedies Code §33.013

    Each liable defendant is jointly and severally liable for damages recoverable by the claimant if the defendant’s percentage of responsibility is greater than 50% or the defendant acted with specific intent to do harm and committed a felony (murder, kidnapping, etc.)

  • Case Study Regarding The Admissibility Of Standard Of Care Experts In Georgia

    March 06, 2015

    Jacqueline Toombs filed a medical malpractice case against Dr. Bruce Friedman, nurse practitioner Gena Markwalter and Acute Care Consultants, Inc. alleging that they were negligent in her husband’s post-surgical care. Charles Toombs, Jr. suffered a chemical burn to his left foot while at work in 2006. He underwent surgery at Doctor’s Hospital in Augusta, Georgia, to excise his wound and to apply a skin graft.

  • Edwards Wildman Palmer v. Superior Court

    February 23, 2015

    The attorney-client privilege has been a hallmark of Anglo-American jurisprudence for almost 450 years, yet its boundaries and confines remain subject to testing from litigants—including legal malpractice plaintiffs. Thus, the California Court of Appeal recently examined the applicability of the privilege in the context of intra-firm communications between attorneys regarding a dispute with a client in a subsequent action for malpractice by that client in Edwards Wildman Palmer LLP v. Superior Court (2014) 231 Cal.App.4th 1214.

  • Anten v. Superior Court

    February 11, 2015

    The Court of Appeal, Second Appellate District, Division One (LA) recently addressed the following issue: “[w]hen joint clients do not sue each other but one of them sues their former attorney, can the nonsuing client prevent the parties to the lawsuit from discovering or introducing otherwise privileged attorney-client communications made in the course of the joint representation?”

  • Brady, Vorwerck, Ryder & Caspino v. New Albertson’s, Inc.

    February 11, 2015

    In legal malpractice actions, jurisdictions have adopted differing approaches when applying the discovery rule to determine when a legal malpractice action accrues. In some jurisdictions, the statute of limitations for a legal malpractice action is deemed to begin to run when a claimant sustains some, but not necessarily all, damages.

  • Stephens & Stephens XII, LLC V. Fireman’s Fund Insurance Co.

    December 19, 2014

    (Insurer required to pay conditional actual cash value of property under commercial property policy pending insured’s actual repair of damaged property in order to claim full replacement cost coverage.)

  • Elliott v. Geico Indemnity Company

    December 19, 2014

    (Insured is not entitled to underinsured motorist benefits, wherein the total recovery made from third party motorist and her employer exceeded the available underinsured motorist limits afforded by insured’s policy.)

  • Graciano v. Mercury General Corporation

    December 19, 2014

    (Insurer’s response to policy limits demand within time limit set by third party claimant, notwithstanding claimant’s counsel’s failure to identify the proper insured and policy number, constituted good faith requiring reversal of underlying bad faith lawsuit judgment.)

  • Louisiana State Court Declares Unconstitutional New Bill Passed to Prohibit Coastal Erosion Lawsuit

    December 19, 2014

    Case: The Louisiana Oil & Gas Assoc., Inc. v. Hon. James D. Buddy Caldwell
               19th Judicial District Court, East Baton Rouge Parish, Louisiana

  • No Duty to Defend Well Blow-Out Suit Based on Professional Services Exclusion

    December 19, 2014

    Case: Nicklos Drilling Co. v. ACE American Insurance Co.
               U.S. District Court for the Southern District of Texas
               2014 U.S. Dist. LEXIS 156585 (S.D. Tex. 11/5/2014)

  • Fifth Circuit Permits Excess Carrier’s Bad Faith Claim Against Primary Insurer

    December 19, 2014

    Case:RSUI Indemnity Co. v. American States Ins. Co.
               United States Fifth Circuit Court of Appeals
               768 F.3d 374 (11/25/ 2014)

  • Louisiana Court Interprets Indemnity Provision in MSA Narrowly to Preclude Indemnity

    December 19, 2014

    Case: Underwriters at Lloyd's Syndicate 1036 v. Danos & Curole Marine Contrs., L.L.C.
              
    Louisiana Third Circuit Court of Appeal
               2014 La. App. LEXIS 2350 (10/1/2014)

  • Fifth Circuit Limits Effect of Contractual Liability Exclusion

    December 19, 2014

    Case: Crownover v. Mid-Continent Casualty Co.,
               5th Circuit Court of Appeals
               2014 U.S. App. LEXIS 20737 (10/29/2014)

  • Texas Appellate Court Upholds Ogea Rule and Requires Exhaustion of Additional Insured Coverage

    December 19, 2014

    Case: Hercules Offshore v. Excell Crane & Hydraulics, Inc.
               Tex. App. Houston 1st Dist.
               2014 Tex. App. LEXIS 12557 (11/20/2014)

  • “Other Insurance” Does Not Turn Potential Indemnity Claim Into Underlying Insurance

    December 19, 2014

    Case: In Re: Deepwater Horizon, Cameron Int’l Corp. v. Liberty Ins. Underwriters, Inc., a/k/a Liberty Int’l Underwriters, 
             
    2014 U.S. Dist. LEXIS 155043
              
    Federal Eastern District of Louisiana
              MDL No. 2:10-md-02179 (10/31/2014)

    Appeal: In Re: Deepwater Horizon, Cameron Int’l Corp. v. Liberty Ins. Underwriters, Inc., a/k/a Liberty Int’l Underwriters
                  Federal Fifth Circuit Court of Appeals
                  No. 14-31321

  • Federal Court Applies Bacteria Exclusion to Preclude Coverage for Legionnaires Disease Class Action

    December 19, 2014

    Case: Paternostro v. Choice Hotel Int'l Servs. Corp.
               Federal District Court, Eastern District of Louisiana
               2014 U.S. Dist. LEXIS 161157 (11/14/ 2014)

  • Federal District Court Sets the Stage for Review of Punitive Damages Constitutional Ceiling

    December 19, 2014

    CaseAllen v. Takeda Pharms. North Am., Inc. (In re Actos® (Pioglitazone) Prods. Liab. Litig.)
              Federal District Court, Western District of Louisiana, Lafayette Div.
              2014 U.S. Dist. LEXIS 152066 (10/27/14)

  • Fifth Circuit Rules that Punitive Damages are Not Available to Seamen

    December 19, 2014

    Case: McBride v. Estis Well Serv., L.L.C.
              United States Fifth Circuit Court of Appeals (en banc).
              768 F.3d 382 (5th Cir. La. 2014).

  • Carve Up Claims & Recover Fees for Your Client or Carrier – 91a Motion to Dismiss

    December 03, 2014

    Texas Rule of Civil Procedure 91a became effective March 1, 2013, and is similar to Federal Rule of Civil Procedure 12(b)(6); however, there are some key differences including, but not limited to, the requirement that the court award the prevailing party its costs and attorneys’ fees. TEX. R. CIV. P. 91a.7. Initially, Texas litigators shied away from using Rule 91a for fear of having mandatory fees imposed against their clients or carrier for filing the motion to dismiss. A body of law is slowly developing which interprets and strictly construes Rule 91a. As the common law evolves, it emboldens the Texas Defense Bar to take advantage of this powerful tactical cost shifting tool.

  • ‘Holt’ Demands: An Advancement, But Not a Categorical Solution

    December 03, 2014

    Plaintiffs frequently avail themselves of what has been labeled ‘Holt demands’ as was established in S. General Ins. Co. v. Holt, 262 Ga. 267 (1992). In Georgia, liability insurance providers owe a duty to an insured to act in good faith in settling their liability. ‘Holt’ demands are a means plaintiffs, through their attorneys, can set up and bring bad faith claims against their insurer if the insurer does not pay policy limits within the time specified in the pre-suit demand. Should the insurer not pay the policy limit demand within the deadline and the verdict ultimately exceeds the policy limit, the insured could file or assign the right to file an action for the entire amount of the judgment plus interest. This reality necessarily eradicates a defendant’s policy limits. In bad faith cases, juries determine whether the insurer acted in “bad faith” in rejecting the plaintiff’s pre-suit demand, consequently exposing the insured to a potential excess judgment.

  • Defending Property Owners in NY Against Trip & Falls Caused by Sidewalk Stones, Trees, & Tree Wells

    December 03, 2014

    Pedestrians trip and fall for many reasons. Some fall because they are clumsy or not paying attention, while others are caused to fall due to the condition of the sidewalk. The City of New York, as well as many other municipalities around New York State, is actively involved in the beautification of its sidewalks, including installation of decorative sidewalk stones or bricks. These cities also direct the planting of trees within dirt or grass-filled “tree wells” embedded in the sidewalk. However, because contractors do not install them correctly or due to the effects of weather, trees may break or die and tree wells and stones may become uneven, creating a tripping hazard and exposing the adjacent property owner to liability.

  • Sabia v. Orange County Metro Realty, Inc.

    November 21, 2014

    After the Court of Appeal reversed an order compelling arbitration, the California Supreme Court has granted the firm's petition for review in Sabia v. Orange County Metro Realty, Inc., et al., S220237. In Sabia, the plaintiffs in  a putative class action alleged they signed loan modification agreements that contained an arbitration clause that only required the plaintiffs to arbitrate their claims against the defendants (not vice versa).

  • Stine v. Dell’Osso

    November 20, 2014

    Last month, the California Court of Appeal, First Appellate District, Division One (San Francisco) issued an opinion in Stine v. Dell’Osso, 2014 Cal. App. LEXIS 1039, analyzing “whether a successor conservator can sue for legal malpractice committed in connection with the representation of a prior conservator, and if so, whether malfeasance while serving as conservator.” (Slip opn., p. 4.)

  • Grace v. Law

    November 20, 2014

    On October 21, 2014, in Grace v. Law, the New York Court of Appeals issued a ruling that clarifies an issue that had been somewhat unclear with respect to attorney malpractice litigation. The Court held that in a malpractice action arising from an underlying litigated matter, the failure of the malpractice plaintiff to pursue an appeal of the underlying adverse ruling will only bar a subsequent legal malpractice case if it can be determined that the appeal was likely to have succeeded.

  • Zucchet v. Galardi

    November 20, 2014

    New Court of Appeal Opinion re: Anti-SLAPP Statute in Malicious Prosecution Case Arising from Testimony in Criminal Prosecution

  • Schmidt v. Coogan

    November 20, 2014

    The Washington Supreme Court issued a divided opinion in Schmidt v. Coogan, 2014 Wash. LEXIS 838, which will significantly impact future legal malpractice cases in Washington. The long-running and convoluted case presented two questions of first impression: (1) whether the elements of legal malpractice include the collectability of an underlying judgment; and (2) whether emotional distress damages are available in legal malpractice cases. Answering the first question, the Court adopted the growing trend to make the uncollectability of a underlying judgment an affirmative defense that negligent attorneys must plead and prove.

  • Baek v. Continental Casualty Group

    October 15, 2014

    (Massage therapist did not qualify as an insured in connection with the sexual assault of a customer as his conduct did not occur in the course and scope of his employment by the named insured)

  • Mercury Casualty Company v. CHU

    October 15, 2014

    (Exclusion in automobile policy purporting to exclude coverage of lawsuit brought by non-relative resident against named insured is invalid and against public policy)

  • Scottsdale Indemnity Company v. National Continental Insurance Company

    October 15, 2014

    (Insurance policy scheduling tractor and trailer is deemed primary to policy affording coverage for tractor and trailer but not scheduling such vehicles)

  • Jon Davler, Inc. v. Arch Insurance Company

    October 15, 2014

    (Employment related practices exclusion applied to bar coverage of lawsuit filed by employees for sexual harassment, invasion of privacy and false imprisonment)

  • Douglas v. Fidelity National Insurance Company

    October 15, 2014

    (Question of fact regarding whether insurance services company producer was acting as an agent on behalf of homeowner’s insurer or broker on behalf of the insured required reversal of jury verdict in favor of insureds for bad faith and punitive damage as improper jury instructions relating to status of the producer impacted insurer’s affirmative defense of rescission)

  • Encompass Insurance Company v. Coast National Insurance Company

    October 15, 2014

    (Act of rescuing person from wrecked vehicle constitutes “use” under automobile insurance policies.)

  • Interstate Fire & Casualty Company, Inc. v. Roman Catholic Church Of The Diocese Of Phoenix

    October 15, 2014

    (Assault and battery exclusion applying to “any insured” barred coverage of the Archdiocese for sexual abuse claims)

  • Sutter Health v. Superior Court

    October 15, 2014

    (Class action based on breach of confidentiality of Medical Information Act arising out of the theft of a lap top computer containing medical information failed to state a cause of action absent an allegation that an unauthorized person had viewed the informational records)

  • “Open and Obvious” Conditions Result in Summary Judgment For Defendants In Two Recent New York Cases

    September 24, 2014

    Mathis v. D.D. Dylan, LLC and Benjamin v. Trade Fair Supermarket, Inc.

    In two recent decisions issued on the same day, the Appellate Division, Second Department granted summary judgment to defendants on the issue of whether a condition was open and obvious as a matter of law. Both decisions involved plaintiffs tripping over boxes. Notably, the Appellate Divisions of New York often hold that whether a condition is open and obvious is a question of fact for the jury.

  • New York Court Precludes Plaintiff from Raising Theory of Recovery in Opposition To Summary Judgment

    September 24, 2014

    Palka v. Village of Ossining

    The Appellate Division, Second Department recently reaffirmed the longstanding principle that a plaintiff cannot raise a new theory of liability in opposition to a motion for summary judgment if that theory is not contained within the complaint or bill of particulars. Notably, the Court did not allow the plaintiff to amend the pleadings on appeal, even though such leave is freely granted in New York.

  • California Supreme Court Decides Business Owner Does Not Have A Duty To Have External Defibrillator

    September 24, 2014

    Verdugo v. Target Corp.

    The California Supreme Court issued an opinion in Verdugo v. Target Corp. (June 23, 2014, S207313) ___ Cal.4th ___ , analyzing whether “the common law duty of reasonable care that common law duty of care to its customers does not include a duty to acquire and make available an AED for use in a medical emergency.” (Ibid.)

  • California Issues New Opinion Regarding Recovery of Past Medical Expenses

    September 24, 2014

    Ochoa v. Dorado (July 22, 2014, B240595) ___ Cal.App.4th ___

    The California Court of Appeal, Second Appellate District, Division Three (Los Angeles), issued an opinion in Ochoa v. Dorado (July 22, 2014, B240595) ___ Cal.App.4th ___, analyzing the issue of damages for past medical expenses. The court concluded “that (1) unpaid medical bills are not evidence of the reasonable value of the services provided and (2) no expert witness declaration is required for a treating physician offering an opinion based on facts acquired in the physician-patient relationship or otherwise acquired independently of the litigation, including, to the extent it is otherwise admissible, an opinion on reasonable value.” (Slip opn., p. 2.)

  • Nevada Supreme Court Declines to Extend Assumption of Risk Doctrine used in Sporting Venues

    September 16, 2014

    Recently the Nevada Supreme Court declined to extend the “primary assumption of the risk” doctrine used in sporting context to injuries suffered by an invitee at the Palms Casino Sports Book who was injured when a promotional model was tossing out free souvenirs.

  • Recent Developments On The “Same Level Rule” And New York Labor Law 240(1)

    September 16, 2014

    New York Labor Law § 240(1), commonly referred to as the Scaffold Law, provides that “all contractors and owners and their agents, except owners of one and two-family dwellings who contract for, but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or a structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.”

  • Outside Coverage Counsel’s File Discoverable in Bad Faith Litigation

    September 16, 2014

    Case: Willis v. Allstate Ins. Co.,
               Federal Court for the Southern District of Mississippi
               2014 U.S. Dist. LEXIS 64963

  • Section 905(b) of the LHWCA Applied to Void Indemnity Under Contract and Insurance Policy

    September 16, 2014

    Case: Holden v. U.S. United Ocean Servs., L.L.C.
              United States Court of Appeals for the Fifth Circuit (Louisiana)
              2014 U.S. App. LEXIS 15954

  • Texas Jury Award of Bad Faith Penalties Upheld by Appellate Court

    September 16, 2014

    Case: United National Insurance Company v. AMJ Investments, LLC
              Texas Court of Appeals
              2014 Tex. App. LEXIS 6969

  • Excess Policies Triggered for Hurricane Ike Claims Even Where Underlying Policies Were Exhausted

    September 16, 2014

    Case: Indem. Ins. Co. v. W & T Offshore, Inc.
               United States Fifth Circuit Court of Appeal (Texas)
               2014 U.S. App. LEXIS 11775

  • Total Pollution Exclusion Upheld Despite Endorsement Adding Coverage for Underground Resources

    September 16, 2014

    CaseLiberty Mutual Ins. Co. v. Linn Energy, LLC
               United States Court of Appeals for the Fifth Circuit (Texas law)
               2014 U.S. App. LEXIS 12353; 2014 WL 2925161

  • Louisiana High Court Upholds Enforceability of Claims-Made-And-Reported Policy Provisions

    September 16, 2014

    Case: Gorman v. City of Opelousas
               Louisiana Supreme Court
               2013-1734 (La. 07/01/14), 2014 La. LEXIS 1573

  • BP Bears Brunt of Liability for Macondo Spill and Accompanying Statutory Liability

    September 16, 2014

    Case: In Re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico on April 20, 2010
              Federal District Court, Eastern District of Louisiana
              MDL 2179 (Judge Barbier September 4, 2014)

  • Vernon v. Aacres All Vest, LLC

    September 10, 2014

    The Court of Appeals, Division II issued a published opinion today in Vernon v. Aacres All Vest, LLC, Cause No. 44328-7-II, affirming in apart and reversing in part a trial court decision summarily deciding wrongful death and survivorship claims. Henry David Vernon (“David”) was born severely disabled and was completely dependent on others for his health and personal care needs.

  • Old Republic Construction Program Group v. The Boccardo Law Firm, Inc.

    September 10, 2014

    Last week, the Court of Appeal, Sixth Appellate District (Santa Clara), issued an opinion in Old Republic Construction Program Group v. The Boccardo Law Firm, Inc., (June 27, 2014, H037989) __ Cal.App.4th ___, analyzing the anti-SLAPP statute.

  • Paramount Petroleum Corp. v. Super. Ct.

    September 10, 2014

    Today, the Court of Appeal, Second Appellate District, Division Three (LA), issued an opinion in Paramount Petroleum Corp. v. Super. Ct. (June 20, 2014, B253290) __ Cal.App.4th ___, analyzing whether summary adjudication can be granted in favor of a plaintiff on liability alone, leaving the resolution of damages to a later trial.

  • Dan’s Trucking, Inc. v. Kerr Contractors, Inc.

    September 10, 2014

    The Court of Appeals, Division II issued a published opinion on August 19, 2014 in Dan’s Trucking, Inc. v. Kerr Contractors, Inc., Cause No. 44342-2-II, which analyzes a request for a trial de novo following an arbitrator’s ruling awarding attorney fees.

  • Johnston-Forbes v. Matsunaga

    September 10, 2014

    The Washington Supreme Court issued an opinion on August 28, 2014 in Johnston-Forbes v. Matsunaga, Cause No. 89625-9, addressing the admissibility of biomechanical engineering expert testimony in an automobile collision case

  • Humphries v. Eighth Judicial District Court

    September 10, 2014

    In recent years, litigants in Nevada have encountered ambiguity in the law when determining whether or not a plaintiff was required to name additional cotortfeasors as defendants in order to avoid the prospect of dismissal for the failure to name a necessary and indispensable party.

  • Peake v. Underwood

    September 10, 2014

    In June 2014, the Court of Appeal, Fourth Appellate District, Division One (San Diego), issued an opinion in Peake v. Underwood (June 25, 2014, D061267) 227 Cal. App. 4th 428 (2014), analyzing Code of Civil Procedure Section 128.7, which provides a trial court with discretionary authority to impose sanctions when a party files a pleading that is factually or legally frivolous. (Slip op., p. 2.)

  • Beacon Residential etc. Assn. v. Skidmore, Owings & Merrill

    September 10, 2014

    The California Supreme Court recently issued an opinion in Beacon Residential etc. Assn. v. Skidmore, Owings & Merrill (July 3, 2014, S208173) 59 Cal. 4th 68 (2014), analyzing an issue that had not previously been decided by the California Supreme Court — whether an architect who provides services to a residential developer may be liable to the eventual purchasers of the residences for negligence in the rendition of those services in the absence of privity.

  • Moua v. Pittulo

    September 10, 2014

    In July, The California Court of Appeal, Second Appellate District, Division Two (Los Angeles), published its opinion in Moua v Pittulo: 228 Cal. App. 4th 107 (2014), thanks to the efforts of Los Angeles Lewis Brisbois partner Ken Feldman, who drafted a publication request on behalf of the Association of Southern California Defense Counsel.

  • Maslo v. Ameriprise Auto & Home Insurance

    July 15, 2014
  • Upasani v. State Farm General Insurance Company

    July 15, 2014
  • Regional Steel Corporation v. Liberty Surplus Insurance Corporation

    July 15, 2014
  • Hartford Casualty Insurance Company v. Swift Distribution, Inc.

    July 15, 2014
  • Street Surfing, LLC v. Great American E & S Ins. Company

    July 15, 2014
  • Pyramid Technologies, Inc. v. Allied Public Adjusters, Inc.

    July 15, 2014
  • Progressive Gulf Insurance Company v. Faehnrich

    July 15, 2014
  • Global Hawk Insurance Company v. Le

    July 15, 2014
  • 3rd Eye Cam: Unmatched Driver Monitoring & Fleet Management By Alliance Wireless Technology, Inc.

    July 07, 2014

    Alliance Wireless Technologies, Inc. (AWTI) is proud to introduce their new state-of-the-art technology, 3rd Eye Cam to the Commercial Trucking Industry.

  • Texas Hospital Liens

    July 07, 2014

    On May 16, 2014, the Texas Supreme delivered a decision which alters the practices of insurance companies and defense firms with regard to hospital liens.

  • Dodd v. Cruz: A Response to Attempts to Circumvent Howell and Corenbaum

    July 07, 2014

    The California's Second District Court Of Appeal’s issued an opinion in Dodd v. Cruz (Feb. 5, 2014, B247493) __ Cal.App.4th __, on February 5, 2014, holding that critical information from third party medical lien purchasers is discoverable because it is relevant to the "reasonable value" of past medical services provided.

  • When Goods Disappear or Are Damaged during Transportation, Whose Bill of Lading Controls Shipment?

    July 07, 2014

    It is common to have more than one transportation company involved in a shipment due to the increase in intermodal shipments, the expansion of the number of brokers, and the periodic lack of capacity that sometimes requires a carrier to outsource a shipment to another carrier.

  • Important Cases to Watch For in Future Issues

    July 01, 2014

    Important Cases to Watch For in Future Issues

  • Louisiana Law Now Allows Recovery of Exemplary Damages in Domestic Abuse Cases

    June 25, 2014

    Louisiana law allows recovery of punitive damages only if specifically provided by statute.

  • Florida High Court Strikes Down Medical Malpractice Cap in Wrongful Death Cases

    June 25, 2014

    Michelle McCall received prenatal care at a United States Air Force clinic. McCall died from severe blood loss following the birth of her child.

  • Louisiana Legislature Passes Bill to Retroactively Prohibit Coastal Erosion Lawsuit

    June 25, 2014

    On July 24, 2013, the Southeast Louisiana Flood Protection Authority – East filed a Petition in state court in the Civil District Court for the Parish of Orleans against 97 energy company defendants, claiming hundreds of thousands of acres of the coastal lands that once protected south Louisiana are now gone as a result of oil and gas industry activities.

  • When an “Other Adjoining Area” is Not a Covered Situs Under the LHWCA

    June 25, 2014

    This decision from the Fifth Circuit provides further direction as to whether the location of an injury that occurs on an “other adjoining area” satisfies the situs requirement of the jurisdictional component as defined by the Longshore and Harbor Workers’ Compensation Act (“LHWCA”).

  • Duty to Defend Terminates When Event Occurs which Establishes Policy Unambiguously Excludes Coverage

    June 25, 2014

    Twin City Fire Insurance Company (“Twin City”) issued a comprehensive general liability policy to its insured, a subcontractor on a Louisiana Department of Transportation and Development construction project.

  • Important Change to Texas Law Regarding Satisfaction of Hospital Liens

    June 25, 2014

    On May 16, 2014, the Texas Supreme Court delivered a decision which alters the practices of insurance companies and defense firms with regard to hospital liens.

  • Texas, not Maritime, Law Applied to Claim Arising from Intoxication on Chartered Fishing Boat

    June 25, 2014

    The underlying accident occurred in May 2008. Christopher and Denise Arthey, riding motorcycles, were struck head-on by a vehicle driven by David Huff in Port Aransas, Texas.

  • Macondo Well Was Source of Discharge for Purposes of CWA Civil Penalty Liability

    June 25, 2014

    At issue was the responsibility of BP and Anadarko, co-owners of the well and co-lessors of the block in which the well was located, versus Transocean, the owner/operator of the rig, Deepwater Horizon, for civil penalties stemming from Clean Water Act violations (§311) associated with the 2010 Macondo Oil Spill.

  • Texas Fortuity Doctrine Bars Coverage Under Protection & Indemnity Policy

    June 25, 2014

    Following a vessel collision, the Plaintiffs sued several parties, including the owner of the utility boat with which their chartered fishing boat collided and the owner’s insurers, alleging significant personal injuries.

  • Syers Properties III, Inc. v. Rankin (A137610, May 27, 2014) __ Cal.App.4th ___

    May 29, 2014

    The California Court of Appeal, First Appellate District, Division Two (San Francisco) published its opinion in Syers Properties III, Inc. v. Rankin (A137610, May 27, 2014) __ Cal.App.4th ___, capsulizing several important holdings in attorney fee cases.

  • The Use Of Judicial Estoppel In California

    May 27, 2014

    The underlying facts of this case are that the Plaintiff, a 20 year old male, was in the process of being transported by ambulance from Imperial County to a facility in San Diego County for psychiatric evaluation under a 5150 hold.

  • Texas Claims Against Property Owners For Inadequate Security

    May 27, 2014

    In Texas, a hybrid of the standard premises liability claim is a claim against a property owner for inadequate security.

  • Defending Florida Cases Involving Open And Obvious Conditions

    May 27, 2014

    It is not uncommon for plaintiffs to trip over wheel stops in parking lots and these cases often result in lawsuits, especially with the large elderly population in the State of Florida.

  • Black Boarding Medical Specials In California-The Battle Wages On

    May 27, 2014

    This article discusses recent developments in an age old battle of precisely what can be put “on the board” at trial with respect to medical specials. Over the last 20 years, the answer has varied wildly.

  • Curb Jumping Liability For Private Landowners: ‘When A Car Becomes A Landowner’s Responsibility'

    May 27, 2014

    Landowners in California are often sued by members of the public who sustain injuries when a vehicle errantly jumps a curb or sidewalk and strikes those people.

  • Tanner Construction, Inc., et al. v. HUB International Insurance Services, Inc. (March 10, 2014)

    May 21, 2014

    The Third Appellate District Court of Appeal (Sacramento) issued an opinion in Mark Tanner Construction, Inc., et al. v. HUB International Insurance Services, Inc. , analyzing, among other things, specific duties owed by an insurance broker. The Court of Appeal held that insurance brokers owe a limited duty to use reasonable care, diligence and judgment in procuring the insurance requested by an insured.

  • Namikas v. Miller (May 7, 2014, B244685) __ Cal.App.4th __

    May 19, 2014

    Earlier this month, the California Court of Appeal, Second Appellate District, Division Six (Los Angeles) issued an opinion in Namikas v. Miller (May 7, 2014, B244685) __ Cal.App.4th__, analyzing a settle and sue case. The Court of Appeal held that plaintiff “failed to establish a triable issue of material fact as to whether, in the absence of the alleged negligence would have received a more favorable judgment or settlement.”

  • Roger Cleveland Golf Company, Inc. v. Krane & Smith, APC, et al. (April 15, 2014, B237424, B239375)

    May 19, 2014

    The California Court of Appeal, Second Appellate District, Division Three (Los Angeles) recently issued an opinion analyzing the applicable statute of limitations and tolling periods in a malicious prosecution cause of action.

  • Boshyan v. Private I. Home Inspections,  2014 IL App (1st) 131814-U (Ill. App. Ct. 2014)

    May 19, 2014

    The Illinois Appellate Court recently held that the trial court properly granted the defendant’s motion to dismiss breach of contract and negligence claims asserted by a home purchaser against a home inspector based on the provisions of the home inspection agreement that explicitly limited the recoverable damages to the cost of the home inspection.

  • Skaperdas v. County Casualty Insurance Company, 996 N.E.2d 766 (Illinois 4th Dist. 2013)

    May 19, 2014

    In Skaperdas v. County Casualty Insurance Company, 996 N.E.2d 766 (4th Dist. 2013), the Illinois Appellate Court held that the trial court erred in granting a motion to dismiss made by an insurer and broker with respect to whether an insurance agent owed a duty of care to the insured.

  • Melcher v. Greenberg Traurig, LLP, et al. 2014 N.Y. LEXIS 581; 2014 NY Slip Op 2213

    May 19, 2014

    In a recent decision, Melcher v. Greenberg Traurig, LLP, the New York Court of Appeals held, in distinguishing its own prior decision, as well as a number of cases in both the trial and appellate courts, that attorney deceit claims arising under Judiciary Law § 487 are subject to a six-year statute of limitations.

  • Voss v. The Netherlands Ins. Company (New York Court of Appeals Feb. 25, 2014)

    May 19, 2014

    It is well settled in New York that there is no “special relationship” between an insurance broker or agent and its client. The New York Court of Appeals, which is the state’s highest court, has held based on this rule that an insurance broker ordinarily has an obligation to obtain requested coverage for clients within a reasonable time or inform the client that the coverage cannot be obtained, but as a general rule the broker has no continuing duty to advise, guide or direct a client to obtain additional coverage.

  • The New Way You Sign – And You Didn’t Even Know It

    April 14, 2014

    You may be surprised to know that a quick, informal e-mail you send from your iPhone at a stoplight could be found to create a binding contract that results in liability for you.

  • Bock v. Hansen

    April 11, 2014

    (Insureds Can Sue Insurance Adjuster for Negligent Misrepresentation in Connection with Adjuster’s Own Wrongful Conduct)

  • North Counties Engineering, Inc. v. State Farm General Insurance Company

    April 11, 2014

    (Insurer is Obligated to Defend Engineering Company in Connection with Continuing Loss Triggering Coverage Under Policies Which Did Not Include Completed Operations Exclusions)

  • Mark Tanner Construction, Inc. v. HUB International Insurance Services, Inc.

    April 11, 2014

    (Insurance Broker Did Not Breach Its Duty of Care When It Failed to Advise Clients of the Financial Condition of Workers Compensation Self-Insured Program Which Became Insolvent)

  • Gaeton St. Cyr v. California Fair Plan Association

    April 11, 2014

    (California Fair Plan Properly Applied Policy Limits Under Property Policies Based on Actual Cash Value For Homes Destroyed by Fire in High Risk Area And Was Not Required to Pay Any Additional Amounts Based on Alleged Failure to Comply With The Standard Form Fire Policy Set Forth in Insurance Code Section 2071)

  • American States Insurance Company v. Travelers Property Casualty Company of America,

    April 11, 2014

    (Food Truck Constituted “Mobile Equipment” As Defined in General Liability Policy Such That Coverage Was Afforded Under the General Liability Policy For Injuries Caused by Equipment in the Truck)

  • R & R Pipeline, Inc. v. Bond Safeguard Insurance Company

    April 11, 2014

    (Because Contract Between Developer and Subcontractor Did Not Relate to Public Work Project, the Subcontractor was Entitled to Maintain Cause of Action for Recovery Under Labor and Material Bonds)

  • Hui v. Sturbaum

    April 11, 2014

    (Adjuster’s Statements to Department of Insurance and Plaintiff’s Counsel Constitute Protected Activity Under Anti-SLAPP Law and are Privileged Under Civil Code Section 47)

  • Transport Insurance Company v. Superior Court

    April 11, 2014

    (The Reasonable Expectations Of the Company Expressly Named As An Additional Insured Under An Umbrella Policy Must Be Considered In Connection With Determining Whether A Duty To Defend Is Owed Under Such Policy)

  • Jones Act Seaman Status Awarded to Vessel Repairer Operating a Land Based Crane at Time of Injury

    March 21, 2014

    Circumstantial evidence of negligence is enough and emotional damages resulting purely from another person’s injury are not compensable.

  • General Contractor Not an Additional Insured for Faulty Workmanship Under Subcontractor’s Policy

    March 17, 2014

    Fifth Circuit Court of Appeals addresses claims related to negligent construction of a condominium project.

  • A Forklift is a Motor Vehicle Under Louisiana’s UM Statute

    March 17, 2014

    Judge rules a forklift is a vehicle not designed for highway use or required to be registered and not subject to the compulsory liability insurance requirement under Louisiana law.

  • New York’s Highest Court Reverses Its K2 Decision

    March 17, 2014

    Breach of the duty to defend does not waive right to contest coverage.

  • Divided Louisiana Supreme Court Winds Its Way Through Louisiana’s Direct Action Statute

    March 17, 2014

    The Louisiana Supreme Court had the opportunity to consider the effect of dismissal of an insured during trial, without explicitly reserving rights against the insurer.

  • Texas Supreme Court Rules Faulty Workmanship Alone Does Not Fall Within Contractual Liability Exclus

    March 17, 2014

    Court holds that contractual agreement of a general contractor to merely perform its construction work in a good and workmanlike manner does not trigger the contractual liability exclusion of a commercial general liability insurance policy.

  • BP Can’t Re-Write Terms of Multi-Billion Dollar Settlement of Gulf Oil Spill Claims

    March 17, 2014

    March decision denies BP’s attempt to stop businesses from recovering economic damages from the settlement proceeds.

  • Applications of Joint & Several Liability in CA Personal Injury Lawsuits Involving Intentional Torts

    February 26, 2014
  • Joinder and Effects of Necessary and Indispensable Parties in Assault and Battery Cases in Nevada

    February 26, 2014

    In negligent security cases, where the plaintiff alleges that he or she was assaulted, the active tortfeasor who commits the battery may be brought in under Nevada Rule of Civil Procedure (“NRCP) 19(a) as an indispensable party to the lawsuit, even if the plaintiff did not name that party as a direct defendant.

  • New California Case Means Changes for Wrongful Death Claims

    February 26, 2014

    The new California case changes the objective standard to subjective one for determining putative spouse’s standing to assert wrongful death claims.

  • Statutory Immunity For A Landowner When An Injured Claimant Is Engaged In A Recreational Activity

    February 26, 2014

    Analysis of Civil Code Section 846 and its application as illustrated in recent cases

  • California Court Opinion Serves as Cautionary Tale for Attorneys who Jointly Represent Employers and

    February 24, 2014

    Los Angeles associates William Sung and Ryan T. Chai anaylze the ramifications of Yanez v. Plummer (Cal.App. Nov. 5, 2013). 

  • Florida’s New Limited Liability Company Act

    February 19, 2014

    Florida has a new Limited Liability Company Act.

  • Internet Consumer Protection Changes in China

    February 19, 2014

    On March 15, 2014, new data security and privacy requirements will take effect in China.

  • Brazil’s Internet Data Security Regulations

    February 19, 2014

    The Brazilian Congress has taken steps to implement its first comprehensive Internet and data protection regulations.

  • E.U. Proposes Data Protection Regulation that would Further the Gap Between U.S. Regulations

    February 19, 2014

    A European Parliament Committee approved an updated version of the E.U. Data Protection Regulation so that it could be socialized among member states in preparation for a vote this spring.

  • Rosita Smith v. JEM Group, Inc. 737 F. 3d, 636 (9th Circuit Dec. 12, 2013)

    January 22, 2014

    The Ninth Circuit Court of Appeals recently addressed important questions concerning the ability of attorneys in Washington State to require clients to arbitrate disputes concerning the legal services rendered.

  • Dennis Wise v. DLA Piper LLP (US) (California Court of Appeal 4th District October 8, 2013)

    January 22, 2014

    The California Court of Appeal recently addressed an important issue in the legal malpractice area. The Court held that the malpractice plaintiff cannot prevail based on allegations that the malpractice caused plaintiff to lose the right to collect on a recovery in a lawsuit without competent evidence that the judgment would have been collectible, as speculative expert testimony about collectability will not suffice when the evidence presented demonstrated that the judgment would not have been collectible.

  • Moon v. McDonald, Carano & Wilson, 306 P.3d 406, 129 Nev. Adv. Rep. 56 (2013)

    January 22, 2014

    The Nevada Supreme Court added to its slowly-growing body of legal malpractice statute of limitations jurisprudence in Moon v. McDonald, Carano & Wilson, 306 P.3d 406, 129 Nev. Adv. Rep. 56 (2013).

  • White Mountains Reinsurance Company of America v. Borton Petrini, LLP

    December 12, 2013

    (Insurer Which Received Assignment of Malpractice Claim As Part of Purchase of Another Insurer’s Assets Was Entitled To Maintain Such Claim Against Law Firm)

  • Berendes v. Farmers Insurance Exchange

    December 12, 2013

    (Farmers Automobile Policy Did Not Afford Underinsured Motorist Coverage To Deceased Pedestrian)

  • Farmers Ins. Exch. v. Superior Court (Jose Luis Cervantes Bautista – Real Parties in Interest)

    December 12, 2013

    (Auto Exclusion In Homeowners Policy Applied To Bar Coverage Of Wrongful Death Action)

  • San Diego Assemblers, Inc. v. Work Comp For Less Insurance Services, Inc.

    December 12, 2013

    (Broker Was Not Liable For Failing To Procure Insurance Beyond That Requested By Insured)

  • San Miguel Community Assoc. v. State Farm General Insurance Company

    December 11, 2013

    (Because Initial Complaint And Amended Complaint Only Requested Injunctive Relief, Rather Than Compensatory Damages In Connection With Underlying Action For Enforcement Of CC&Rs Against Condominium HOA, Insurer Was Not Liable For Bad Faith Denial Of The Tender Of Defense Of Such Complaints)

  • Aguilar v. Gostischef

    December 11, 2013

    (Insurer Obligated to Pay One Million Dollar Cost Bill Awarded in Underlying Personal Injury Lawsuit After Rejecting Settlement Demand in Excess of Policy Limits)

  • Reid v. Mercury Insurance Company

    December 11, 2013

    (Plaintiff Could Not Maintain Bad Faith Lawsuit Absent an Indication of Willingness to Settle Lawsuit Within Policy Limits)

  • SEC General Solicitation Rules

    November 21, 2013

    The new Regulation D General Solicitation Rules impose stricter verification requirements by stating that an issuer of securities must take reasonable steps to verify the accredited status of a potential investor in a deal.

  • American Safety Indemnity Company v. Admiral Insurance Company

    October 25, 2013

    The California Fourth District Court of Appeal affirmed the trial court’s entry of judgment which held that an insurer was obligated to pay for defense, notwithstanding $250,000 self-insured retention. 

  • Adamo v. Fire Insurance Exchange

    October 25, 2013

    The California Fourth District Court of Appeal affirmed the trial court’s entry of judgment which held that an insured was only entitled to lower limit for detached structure separated by clear space under homeowners policy.

  • Alexander v. Farmers Insurance Company, Inc.

    October 25, 2013

    The California Second District Court of Appeal affirmed the trial court’s order which held that it is within trial court’s discretion to adjudicate legal issues related to property loss before requiring appraisal of the damaged property.

  • Swanson v. State Farm General Insurance Company

    October 25, 2013

    The California Second District Court of Appeal affirmed the trial court’s judgement that the a insurer was entitled to appoint panel counsel and to control the defense of a lawsuit after withdrawing a reservation of rights which had created a conflict of interest entitling the insured to independent counsel.

  • Mount Vernon Fire Insurance Corp. v. Oxnard Hospitality Enterprise, Inc.

    October 25, 2013

    The California Second District Court of Appeal affirmed the trial court’s entry of summary judgment which held that assault and battery exclusion in policy unambiguously applies to bar coverage of injuries sustained by nightclub dancer caused by a third party patron.

  • Ventura Kester LLC v. Folksamerica Reinsurance Company

    October 25, 2013

    The California Second District Court of Appeal states that a commercial property policy afforded coverage for potential loss of rental income, notwithstanding that the rental agreement was not in place at the time when the building sustained damage as a result of vandalism.

  • Anderson Brothers Inc. v. St. Paul Fire and Marine Insurance Company

    October 25, 2013

    The United States Ninth Circuit Court of Appeals upheld a ruling that demand letters received from the EPA trigger duty to defend under liability policy promising to defend “suits” under Oregon law.

  • Federal Insurance Co. v. MBL Inc.

    October 25, 2013

    The California Sixth District Court of Appeal affirmed the decision that insurers’ reservations of rights regarding the number of occurrences, exclusion of damages outside policy periods and general reservation of rights does not trigger a right to independent counsel for the defense of underlying pollution claims.

  • Progressive Choice Insurance Co. v. California State Automobile Association Inter-Insurance Bureau

    October 25, 2013

    The California Second District Court of Appeal affirms the ruling that an insurer affording underinsured benefits was entitled to pro rata contribution from the insured’s direct carrier based on the absence of statutorily permitted exclusions barring coverage under the insured’s policy.

  • Zhang v. Superior Court

    October 25, 2013

    The California Supreme Court of Appeals held that the insured is not barred from prosecuting claims for breach of the California Unfair Competition Law based on violation of insurance Code Section 790, Et. Seq.

  • Robert Rodriguez v. AT&T Mobility Servicers LLC, No. 13-56149, (9th Cir., August 27, 2013)

    September 05, 2013

    Ninth Circuit holds that defendant’s burden of proof to establish amount-in-controversy is the preponderance of the evidence standard and that lead plaintiffs may not legally waive claims prior to class certification.

  • Arizona Supreme Court Further Clarifies the Availability and Use of the Economic Loss Doctrine

    September 05, 2013

    Sullivan v Pulte Home Corp., 2013 Ariz. LEXIS 162 (2013)

  • Supreme Court Makes Landmark Decision On Copyright Case

    August 20, 2013
  • Doing Business in Indian Country: A “Historic” Opportunity

    August 19, 2013
  • United States Supreme Court Reaffirms Landowner’s Rights in Recent Land-Use Decision

    August 19, 2013
  • “Trouble Ahead, Trouble Behind”

    August 19, 2013
  • Not So Generic – Intellectual Property Issues Surrounding Generic Top level Domain Names

    August 19, 2013
  • New York Court Finds that Digital Resale of Music Constitutes Copyright Infringement

    August 13, 2013
  • GoDaddy’s Ad Parking Not Registration and Not Entitled to Safe Harbor Protection

    August 13, 2013
  • Tenth Circuit Declares Use of Competitor’s Mark in Google® AdWords Does Not Create Confusion

    August 13, 2013
  • Fox Denied Injunction Against Dish Network’s “Hopper” Ad-Skipping Feature

    August 13, 2013
  • When Does Use Of A Name In Business Reach The Level Of “Use As A Trademark?”

    August 13, 2013
  • Jim Brown Loses While Ed O’Bannon Wins On Use Of Likeness Claims In Same Court Of Appeal

    August 13, 2013
  • The Ends Don’t Justify The Beans: Patented Seeds’ Ability To Make New Seeds Belongs To The Patentee

    August 13, 2013
  • Can Outside Attorneys and Accountants Be Held Liable under the Fair Labor Standards Act?

    August 07, 2013

    Can an employer who violates the Fair Labor Standards Act implead its attorneys, and seek to hold them responsible for any liability in the FLSA violation action brought by its employees? In this article, we discuss a recent New York federal court decision addressing this question, and the implications it holds for the future.

  • Sufficiency of Proof of Damages Caused by Malpractice Leading to “Forced”/“Reduced” Settlement

    August 07, 2013

    Legal malpractice cases continue to be brought based on alleged “forced” or "reduced" settlements allegedly caused by the firm’s malpractice. In this article, we discuss a significant California Court decision regarding proving damages in such cases.

  • City Of San Buenaventura v. The Insurance Company Of The State Of Pennslyvania

    August 05, 2013

    Policies affording coverage for occurrences taking place during policy periods did not afford coverage for the city’s negligent conduct taking place before the inception of the policies. 

  • Barnes v. Western Heritage Insurance Company

    August 05, 2013

    Medical Payments Coverage Owed By Insurer Notwithstanding Settlement of Personal Injury Lawsuit

  • Liberty National Enterprises, L.P. v. Chicago Title Insurance Company

    August 05, 2013

    Tortious Conduct in Connection With Acquisition of Title By the Insured Not Covered By ALTA Policy

  • Schaefer v. Elder

    August 05, 2013

    Contractor Entitled to Appointment of Independent Counsel Based on a Conflict Created By Discovery

  • Mt. Hawley Insurance Company v. Lopez

    August 05, 2013

    Insurance Code §533.5 Does Not Apply to Bar Defense of Criminal Actions Filed By Federal Government

  • Leroy Brown v. Mid-Century Insurance Company

    August 05, 2013

    Water Damage Exclusion in First Party Homeowners Policy Applied to Leaking Hot Water Pipe Damage

  • Travelers Property Casualty Company Of America v. Superior Court (Braum)

    August 05, 2013

    Vacancy Exclusion in HOA Policy Barred Coverage of Property Theft Claim

  • Kaiser Cement And Gypsum Corp. v. Insurance Company Of The State Of Pennsylvania

    August 05, 2013

    Coverage Not Triggered By Underlying Insurance Collectible by the Insured

  • Alliance of Nonprofits For Insurance Risk Retention Group v. Kipper

    August 05, 2013

    Risk retention group prohibited from issuing first dollar automobile liability. 

  • New Texas Rules Seek to Reduce Delay and Expense of Civil Litigation

    July 24, 2013

    The Texas Supreme Court released rules that establish mandatory expedited proceedings in civil actions seeking $100,000.

  • The End of Special Treatment for Exotic Imports Under Copyright Law?

    June 12, 2013

    On March 19, 2013, the U.S. Supreme Court released its anxiously-awaited decision in Kirtsaeng v. John Wiley & Sons, Inc. deciding one of the most important copyright cases in years. In its decision, the Court held that the so-called "first-sale doctrine" applies to copies of copyrighted works manufactured outside the United States. Though the result is tempered by other limitations on importation based in trademark and patent law, this decision could still have significant impact on U.S. commerce.

  • How Red Does The Flag Have To Be For Copyright Owners To Have Recourse Against ISPs?

    June 12, 2013

    The Digital Millennium Copyright Act (DMCA) contains “safe harbor” protection for Internet Service Providers (ISPs) from infringement claims asserted by copyright owners. In recent years there has been very high stakes litigation between large companies that own valuable copyrights and that believe ISPs are profiting from infringement of those copyrights, and the ISPs who claim that a narrowing of the statutory safe harbor that protects them would threaten the openness that people cherish about the world wide web.

  • ‘Tools of the Trade’ Dress: How to Claim Rights in Store Design

    June 12, 2013

    Do you want to prevent others from imitating the look and feel of your business establishments? Some recent legal authority provides useful guidance for how to go about it   --  and also what to avoid.