Insurer Side Beware: Litigation Privilege for Pre-Suit Communications Extends Only To The Party Contemplating Filing Of Litigation
1/14/19
By: Tim Kenna & Kristin Ingulsrud
Strawn v. Morris, Polich & Purdy—filed Jan. 4, 2019, Court of Appeal of California, First District, Division Two 2019 Cal.App. LEXIS 9*—makes explicit that the application of the litigation privilege to pre-suit claims …
The Effects of the California Wildfires Continue
1/7/19
By: Matthew Jones
The California Insurance Commissioner recently issued a press release regarding the extensive insured losses from the numerous California wildfires. Those losses total over $9 billion, and are even expected to rise. The losses span across various lines …
Limitations On Directors & Officers’ Liability Coverage
12/20/18
By: David Molinari
Directors and Officers (D&O) Liability Insurance is insurance coverage intended to protect individuals from personal losses if they are sued as a result of serving as a Director or Officer of a business or other type of …
Notice Prejudice Rule Alive and Well in California
12/6/18
By: Zach Moura
California’s Second District Court of Appeal said October 16th (Marty Lat v. Farmers New World Life Insurance Co., No. B282008, Calif. App., 2nd Dist., Div. 1, 2018 Cal. App. LEXIS 932) that under the notice …
Court Rules No Coverage For Pa. Law Firm's Malpractice Suit
11/26/18
By: Barry Brownstein
An insurer does not have to cover a Pennsylvania law firm in a professional malpractice suit that a client filed after the firm allegedly used privileged information to benefit its attorneys’ side business in a real estate …
The Bad Faith Trap: Evidentiary Concerns In Defending “Failure To Settle” Claims
10/19/18
By: Phil Savrin
It is commonly known in our industry that even an insurer that has accepted coverage for a liability claim can nevertheless be exposed to liability beyond the limits of the policy if it fails to settle the …
The Sixth Circuit Finds Coverage For Fraudulent Wire Transfer Under Crime Policy
9/12/18
By: Allen Sattler
Business email compromise (“BEC”) claims consist of incidents where cyber criminals access or use a company’s email system to commit a crime, usually for financial gain and often including the use of trickery to convince an employee …
Don’t Get Bitten… Are You In Compliance With DOL's COBRA Continuation Coverage Election Notice?
8/21/18
By: Pamela Everett
The United States District Court for the Middle District of Florida has certified a class action suit against Marriott International, Inc. for allegations that it failed to provide required notices of eligible terminated employees’ right to continued …
Following in the Footsteps of Lebron James? Ohio Parts Ways with the Restatement of Liability Insurance
8/17/18
By: Matthew Weiss
Last week Ohio Governor John Kasich signed into law legislation that rejected the American Law Institute’s (ALI) Restatement of the Law of Liability Insurance, claiming that it “does not constitute the public policy of Ohio.” According to …
Is Georgia Game for Growing Bad Faith Liability?
7/17/18
By: Jessica Samford
As discussed in my last blog on bad faith, seeking bifurcation can be a proactive means to distinguish the issue of coverage from the issue of bad faith and appropriately manage the all too often unwieldy …
Is An Employee’s Intentional Act An Employer’s “Accident”?
7/10/18
By: Rebecca Smith and Zach Moura
It may just be, according to the California Supreme Court’s recent decision in Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc. (June 4, 2018, No. S236765). In Liberty v. Ledesma, …
Pass That Dutch: California Insurers Respond to Budding Cannabis Industry
7/2/18
By: Kristin Ingulsrud
California Insurance Commissioner Dave Jones announced on June 4, 2018 his approval of the Cannabis Business Owners Policy (CannaBOP) in California. The new CannaBOP program was designed for cannabis dispensaries, storage facilities, processors, manufacturers, distributors, and other …