Michael Barasch – September 24, 2013 Trapped over three hours in mud the consistency of quicksand, a New York construction worker had begun to lose feeling in his legs after falling 15 feet into a trench. The mud, intensified by falling rain in June of this year, worsened the emergency on a worksite that was… Continue reading Construction Accidents: More than Workers Comp
SB800 Is Now Optional to the Homeowner?
James Ganion – August 30, 2013 Dear Builders, Colleagues, and Interested Parties: I attach for your review a copy of this week’s opinion of the California Court of Appeal in our case of Liberty Mutual v. Brookfield. This opinion represents a significant change to the right of California builders to repair homes under SB800, California’s… Continue reading SB800 Is Now Optional to the Homeowner?
California Supreme Court Holds Insurers are Subject to Unfair Competition Claims in Zhang Case
James M. Burns – September 10,2013 On August 1, the California Supreme Court issued its highly-anticipated decision in Zhang v. Superior Court, holding that the California Unfair Insurance Practices Act (Ins. Code §790 et seq.) does not necessarily preempt an action against an insurer under the California Unfair Competition Law (Bus. & Prof. Code §17200… Continue reading California Supreme Court Holds Insurers are Subject to Unfair Competition Claims in Zhang Case
An Insurance Company is Not Acting in Good Faith When it Holds Own Interests Above That of the Insured
Kenneth Kan – September 17, 2013 With greater frequency I am getting calls from policyholders concerned their insurers’ claims investigations are more focused on finding reasons that support denial than coverage. Also, more claims are hastily or unnecessarily referred to the special investigation unit (SIU) when evidence of fraud is lacking. Most claims that end up in SIU… Continue reading An Insurance Company is Not Acting in Good Faith When it Holds Own Interests Above That of the Insured
Can Your Fee Dispute Rise to the Level of Unfair Competition? Maybe; but Not This Time.
Gary Bresee – September 16, 2013 A fee dispute between Travelers, its contractor/insured and the insured’s counsel, is not your run of the mill fee dispute. Travelers alleges the existence of an illicit rate agreement between the contractor and its lawyers whereby the lawyers allegedly billed Travelers at a higher rate than the firm actually charged the… Continue reading Can Your Fee Dispute Rise to the Level of Unfair Competition? Maybe; but Not This Time.