In the new case of Certain Underwriters At Lloyds, London, v. Arch Specialty Insurance Company, California’s Third District Court of Appeal held that an “other insurance” provision in a commercial general liability policy, which purported to excuse an insurer’s defense obligation when other insurance was defending, violated public policy and was unenforceable. The case arose Read More…
New Disclosure Requirements For Deposition Notices In California
As of January 1, 2016, portions of the Code of Civil Procedure have been revised regarding the requirements of court reporters and deposition notices. Most notably, Code of Civil Procedure section 2025.220, subdivision (a)(8), has been added to require parties noticing depositions to advise other parties of any contract or relationship between the noticing party Read More…
Coverage Issues Created By Electronic Data Breaches
According to Identify Theft Resource Center (ITRC), a non-profit national organization providing consumer and victim support and public education on identify theft, as of the end of July 2015, there have been a total of 450 breaches identified and more than 135,000,000 records exposed. As consumers, most of us at one time or another have Read More…
Appellate Decision Clarifies Insurer’s Duty To Defend
In the new case of Regional Steel Corporation v. Liberty Surplus Insurance Corporation, the California Court of Appeal confirmed that an insurer has no duty to defend its insured whose work did not cause damage to other property. The case involved a 14-story apartment building covered by a wrap policy. Regional Steel, one of the Read More…
New Case Expands Prevailing Party Attorneys’ Fees
In a new case called Syers Properties III, Inc. v. Ann Rankin, et al., the Court of Appeal held that a prevailing party that is entitled to recover attorneys’ fees may seek an award of “reasonable” attorneys’ fees even if it exceeds the hourly rate actually paid by the client. In the case, the plaintiff Read More…
To Disclose Or Not To Disclose: Should Flat Fee Arrangements Be Disclosed To Insureds?
Some insurance companies and law firms are entering into flat fee agreements to handle cases without disclosing to and getting informed consent from clients. Because these flat fee agreements create a different concern compared to similar fee agreements with clients (like a plaintiff’s contingency fee agreement) and other methods used in the past by insurance Read More…
New Case Clarifies Insurer’s Duty To Settle
In Reid v. Mercury Insurance Company, (2013) 220 Cal.App.4th 262, the Court of Appeal held that an insurance company may, under some circumstances, not have a duty to initiate settlement discussions to ensure settlement within policy limits. In the case, Mercury’s insured ran a red light and stuck another vehicle, causing serious injuries to Paul Read More…
