We all have a basic expectation that the conversations we have in private with our spouses or significant others will remain private. When those conversations are intercepted or recorded and distributed without permission, it can be a very traumatic experience. Many...
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Bad Faith Insurance: A Public Policy Right?
What happens when your insurance company wants to use out of state law to completely cut off your right to coverage? That’s exactly the situation a California insured found herself in when her insurance company tried to use an Illinois choice of law provision that it...
Does the failure to accept a settlement offer mean an insurer acted in bad faith?
In 2021, a California appellate court held that an insurer’s duty to settle was subject to a reasonableness standard. In other words, when an insurer refuses to accept a settlement demand, that decision will constitute a breach of its duty to settle if it was an...
Truck v. Kaiser Part Two: A closer look at stacking coverages
In part 2, we look at how the Kaiser court recognized a limitation on an insurer’s ability, after being targeted by the insured to defend and indemnify a case against the insured, to reallocate a portion of the insurer’s defense and indemnity expenses to other...
Ransomware attacks roil insurance industry
In May of this year, a ransomware cyberattack by Russian hackers made headlines around the world as it led to an 11-day shutdown of a pipeline that supplies nearly half of the East Coast’s fuel. The attack on Colonial Pipeline caused gasoline shortages and price...
Does Your Hotel or Hospitality Operation Have the Right Insurance?
A business takes a lot of work to keep running smoothly. Coordinating the various management, vendor and other teams involved in operating and maintaining any hospitality operation can be a complicated and ever-changing effort to mitigate risk. While you are...
Condo Collapse in Florida Leads to Confusion Regarding Insurance Coverage
On June 24, Champlain Towers South, a 12-story condominium in Florida, collapsed. It was a horrible tragedy. As of July 21, 97 people have been declared dead, with searches are still being conducted for other missing persons. The tremendous loss of life after such an...