Is Flood Insurance the Next Big Thing in California?
4/19/19
By: Matthew Jones
California’s winter has been quite wet given the significant amount of rain. With heavy rain comes flooding and mudslides. California is not used to either of those types of events; but maybe it should be. Recently, the …
Cooperation: A Policyholder’s Duty…or Downfall?
4/12/19
By: Marc Finkel
A policyholder’s duty to cooperate with its insurer is one of the most significant commitments made in the relationship between an insurer and its insured. It goes without saying that the consequences can be dire for an …
4/9/19
By: Bill Buechner
We recently posted a blog (see here) concerning an appeal to the First Circuit Court of Appeals from a Massachusetts district court decision finding that a third-party administrator (Sedgwick) did not violate the Massachusetts Consumer Protection …
3/18/19
By: Phil Savrin
In recent years, Georgia has become fertile ground for setting up insurance companies for extra-contractual damages based on the failure to settle a liability claim within policy limits. Partly, the reason for this reputation is that the …
3/15/19
By: Ben N. Dunlap
A claimant’s demand to settle a case within the limits of a defendant’s liability insurance policy can lead to a variety of outcomes driven by the particular allegations, evidence, liability and damages evaluations, procedural posture, and …
City Hacks – Atlanta’s 2018 Cyberattack and the Growing Need for Cyber Liability Insurance
2/12/19
By: Matthew Weiss
Already a growing area of liability insurance for businesses, the importance of cyber insurance for local governments came to the forefront last March when the City of Atlanta suffered a malware attack in which its computer networks …
Cancelling a Financed Policy: Reliance on a Power of Attorney
2/8/19
By: Eric Benedict
When a prospective insured is applying for and obtaining coverage, no matter the type of risk, the cost of the premiums is likely to be a foremost concern. To cover the cost of the premium, an insured …
998s: The Stealth Policy Limit Demand
2/7/19
By: Tim Kenna & Kristin Ingulsrud
In personal injury practice, the claimant’s attorney will sometimes serve a statutory offer to compromise in tandem with service of the summons and complaint. This strategy has a two-fold impact on the case. The …
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 …