Indiana personal injury plaintiff gets to have her cheddar biscuits and eat them too
6/12/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Red Lobster Restaurants, LLC v. Fricke, No. 23S‐CT‐304, the Indiana Supreme Court held that omission of a lawsuit from a bankruptcy asset schedule does not deprive a plaintiff of standing. …
California insureds seeking Brandt fees waive the attorney-client privilege as to attorney fee documents
5/13/24
By: Rachel E. Hobbs
A recent decision by California’s First Appellate District holds that a party seeking Brandt attorney fees thereby waives the attorney-client privilege regarding such fees, although attorney work product protection is not waived. In Byers v. Superior …
HOA’s mistake paves the way for duty to defend under D&O policy for computer fraud claims
5/7/24
By: Nicholas J. Directo and William A. Hadikusumo
In March 2024, the Southern District Court for California in Bridlewood Estates Prop. Owners Assoc. v. State Farm General Ins. Co., 2024 U.S. Dist. LEXIS 47593 (S.D. Cal. Mar. 18, 2024) …
Colorado Supreme Court applies notice-prejudice rule to first-party homeowners’ property insurance policy case
4/25/24
By: Sean C. Harrison and Lorne G. Hiller
In March 2024, the Colorado Supreme Court ruled in Gregory v. Safeco Insurance Company of America, Runkel v. Owners Insurance Company, 2024 WL 1040531, that, as a matter of first impression, …
Indiana Supreme Court refuses to recognize third-party claim for spoliation
4/8/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Safeco Insurance Company of Indiana ex rel Smith v. Blue Sky Innovation Group, Inc., et al., No. 23S-CT-272, the Indiana Supreme Court rejected the request to create a third-party spoliation …