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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...
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...
Another post in our series examining 2021 insurance law cases in California. This particular case is Planet Bingo LLC v. Burlington Insurance Company. Planet Bingo is a United States company that designed gaming devices and then contracted with companies in other...
Last year, a case in California discussed when an insurance company has an obligation to defend HOA board members and, more specifically, HOA Board members appointed by the project developer. It is quite common for developers, when building projects involving the...
A recent California case examined an issue that is extremely important for many business owners in the area. The basic question presented concerned a Commercial General Liability policy and whether the failure of a retaining wall in 2010 might be covered under a...
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...
We have a two-part blog here for you regarding a case that’s been winding through the California courts for a long time, Truck Insurance Exchange v. Kaiser Cement. In part one, which follows below, we lay out the relevant facts of the case, discussing what has...
In 2015, several Irish exchange students were visiting the University of California, Berkeley, when the deck they were standing on collapsed. Those on the deck fell 40 feet to the concrete surface below, and 6 people were killed in the incident. Tragically, one of the...
This past summer, Colonial Pipeline Company was hit with a cyberattack. The hackers demanded a huge ransom in order to turn control of the pipeline back over to the company. The attack was one of many that has occurred recently, leaving questions about whether...
Before the Food and Drug Administration approves a new drug or medical device, researchers evaluate the drug or device by conducting clinical trials. The trials are the primary way for researchers to learn if their drug or device is safe and effective in people....