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Article 18/10/2021
A recent decision of the Supreme Court of Georgia illustrates the changing landscape and increased exposure to liability insurers for bad faith failure to settle claims against insureds.
Article 18/10/2021
Earlier this year, in Smith v. LoanMe, Inc., a case interpreting California Penal Code section 632.7, the California Supreme Court held that cellular or cordless phone conversations cannot be recorded by either nonparties or parties to the call without consent. LoanMe overturned a California Court of Appeal’s ruling that consent is required only if nonparties, and not the parties to the call, recorded the conversation.
Article 11/10/2021
Legal sales of cannabis in the United States set a new record of US$17.5 billion in 2020. This market is projected to grow to US$70 billion annually by 2028 according Grand View Research. The increasing size of the legal cannabis market has drawn more investors and corporations into this industry.
Article 05/10/2021
The Ninth Circuit Court of Appeals delivered favorable decisions for insurers in a trio of rulings last week.
Article 15/09/2021
Since the beginning of the coronavirus pandemic, almost 2,000 lawsuits have been filed in federal and state courts throughout the United States by policyholders affected by the public health crisis. In the vast majority of these cases, business owners have sought coverage under commercial property policies for losses arising out of interruptions caused by local and state-wide shutdowns.
Article 15/09/2021
California finds itself amid yet another ferocious wildfire season, with the Dixie blaze now holding the record for the second largest wildfire in the history of the state. As a combination of hotter and drier weather and failing electrical infrastructure are projected to continue to turn the state into a tinderbox ready to ignite during the warmer months, fire damage and smoke taint claims affecting property and large agricultural areas will remain on the rise for the foreseeable future.
Article 15/09/2021
On April 30, 2021, the Florida legislature passed Senate Bill 54 (“SB-54”), which proposed sweeping changes to Florida’s auto insurance system, including repealing Florida’s no-fault personal injury protection (“PIP”) system and banning punitive damages on plaintiffs’ bad faith claims.
Article 25/08/2021
Sexual abuse and molestation lawsuits are tragically commonplace on court dockets throughout the country. While the perpetrators of abuse face significant criminal liability, it is often other individuals and entities that allegedly employed, supervised, regulated, or otherwise had a relationship with the perpetrator that find themselves entrenched in civil litigation commenced by survivors. Against this landscape, the applicable duty of care of an organization to prevent or protect against harm caused by a third-party perpetrator is a particularly significant inquiry.
Article 13/07/2021
On May 11, 2021, in Global Fitness Holdings, LLC v. Navigators Management Co., Inc., the United States Court of Appeals for the Sixth Circuit upheld a broad-form contractual liability exclusion in a D&O policy. As discussed in this article, the decision is important for several reasons, including: (1) it reaffirms the principle that broad-form contractual liability exclusions apply to the entire “Claim,” even when the “Claim” includes tort-based causes of action; and (2) it extends the “but for” test for applying the carveback to the contractual liability exclusion for liability “in the absence of such contract or agreement.”
Article 30/06/2021
The US Supreme Court is trying its best to sidestep any material rulings on climate change decisions in view of its recent BP P.L.C. et al. v. Mayor and City Council of Baltimore decision and its refusal to review the Chevron Corp. v. City of Oakland, California case, wherein the Ninth Circuit held that climate change cases against large oil companies belong in state court.
