In early February, a Norfolk Southern Railway train derailed in East Palestine, Ohio. Several of the cars on the train contained toxic chemicals, and officials evacuated the immediate area due to potential concerns after the accident. One particular chemical, vinyl...
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Hotels, Human Trafficking and CGL Policies: What You Need to Know About Your Insurance Coverage
The sad reality of life is that hotels have become common places where human trafficking occurs. The traffickers often pick these places to provide their services to escape detection. Human trafficking is a major concern for law enforcement. When victims can escape...
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...
Yahoo! Case Highlights Issue Of Ambiguity In Insurance Policies
A current California case is being watched closely by those in the insurance industry because it may bring much needed clarity to the coverage afforded by standard CGL policies for “personal and advertising injury” (or Coverage B as it is sometimes known). Unlike...
Lawsuit alleges excess insurer failed to honor policy obligations
Excess or umbrella insurance is an essential risk mitigation component for any successful business. Whether the nature of your business’s operations, the potential for catastrophic loss or the threat of frequent litigation, excess or umbrella insurance can provide a...
False claims filed in Florida building collapse case
In 2021, the Champlain Towers South, a 12-story condo building, collapsed, resulting in nearly 100 deaths. The tragedy took a tremendous toll on many families in the region and resulted in an extensive investigation to determine the reasons for the collapse. As the...
Excess Insurance Under CGL Policy: How California Courts Have Handled Horizontal Vs Vertical Exhaustion
Over the lifespan of a business, it is not uncommon for the business to have insurance policies with multiple different companies. The needs of a company change over time, and certain insurers may offer products that better align with those needs. Often, companies...
Insurance Coverage at Issue After Verdict in Depp-Heard Defamation Case
By now, you may think that you know all there is to know about the Johnny Depp-Amber Heard defamation lawsuit. The case, which resulted in a verdict for Johnny Depp against ex-wife Amber Heard, is still ongoing after the actress appealed the decision against her. But...
When does an insurer have a duty to appoint independent counsel?
This was one issue decided in a recent ruling issued by the Central District of California. In this particular case, L.A. Terminals v. United National Insurance Company, there were a complex set of claims and cross-claims in both state and federal court. But the facts...
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...