Anthony L. Miscioscia and Timothy A. Carroll | White and Williams | August 30, 2019 On August 29, 2019, in Pitzer College v. Indian Harbor Insurance Company, 2019 Cal. LEXIS 6240, the California Supreme Court held that, in the insurance context, the common law “notice-prejudice” rule is a “fundamental public policy” of the State of California… Continue reading California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies
Tag: california
Deck Police – The New Mandate for HOA’s Takes Safety to the Next Level
Joseph A. Ferrentino | Newmeyer Dillion | November 7, 2019 A recent California law will hold homeowners’ associations accountable for the safety of their decks. SB326 now mandates all homeowners’ associations to have decks inspected at least once every nine years by an architect or structural engineer to determine whether the decks are safe and waterproof.… Continue reading Deck Police – The New Mandate for HOA’s Takes Safety to the Next Level
Prohibited Insurer Conduct and Unfair Acts Expressed Through California Case Law – Another Quick Guide to Holding an Insurer Accountable
Victor Jacobellis | Property Insurance Coverage Law Blog | October 26, 2019 In California, a carrier’s bad faith liability includes conduct beyond what is set out in the Insurance Code (statutory) and the Fair Claims Settlement Practices Act regulations. Bad faith conduct is also expressed through case law. Some of this additional bad faith conduct… Continue reading Prohibited Insurer Conduct and Unfair Acts Expressed Through California Case Law – Another Quick Guide to Holding an Insurer Accountable
An Example of Why Policyholders Need Favorable and Strong Bad Faith Laws
Daniel Veroff | Property Insurance Coverage Law Blog | October 19, 2019 Our Northern California office is battling the big insurers for their conduct in response the 2017 NorCal Wildfires, and recently some of our clients received letters purporting to be a “friendly reminder” from their insurance company. Well, they were actually not so friendly.… Continue reading An Example of Why Policyholders Need Favorable and Strong Bad Faith Laws
California Supreme Court Concludes Notice-Prejudice Rule Applies To Consent Clauses In First-Party Insurance Policies
Andrew B. Downs | Bullivant Houser Bailey | September 30, 2019 When it comes to insurance coverage, one cue to the court’s feelings about an issue is whether it views that issue as a “technicality.” When that happens, good things rarely result. Another cue is when the case turns on an esoteric legal issue of… Continue reading California Supreme Court Concludes Notice-Prejudice Rule Applies To Consent Clauses In First-Party Insurance Policies