Barry Zalma | Zalma on Insurance When two insurers dispute which is obligated to defend and indemnify the insured in a bodily injury suit, they both paid half of the settlement and agreed to resolve their differences later in a declaratory relief action – an action of absolute good faith. In Old Republic Insurance Company v.… Continue reading Two Insurers Protected the Insured and Resolved the Coverage Dispute Later
Tag: Personal Injury
A Riveting (or at Least Insightful) Explanation of the Privette Doctrine
Garret Murai | California Construction Law Blog “The wheels of justice turn slowly, but grind exceedingly fine” – Plutarch And grind they do . . . slowly. For long time readers of the California Construction Law Blog you may recall a case we reported on over three years ago in 2018 – Sandoval v. Qualcomm Incorporated –… Continue reading A Riveting (or at Least Insightful) Explanation of the Privette Doctrine
Court Finds No Coverage for Workplace “Prank” With Nail Gun
Craig Rokuson | Traub Lieberman In the recent case of Metro. Prop. & Cas. Ins. Co. v. Burby, 2022 NY Slip Op 22070, ¶ 1 (Sup. Ct.) Justice Richard M. Platkin of the Supreme Court of Albany County, New York examined a homeowners insurance policy and determined that a duty to defend was triggered in a case… Continue reading Court Finds No Coverage for Workplace “Prank” With Nail Gun
Can Your Employee File a Personal Injury Claim if They’re Injured at Work?
Louis Patino | Construction Executive Construction accidents can happen to anyone. It’s common for employees to work at height, with machinery or alongside any number of potential hazards, so it’s no surprise that injury rates in construction are 71% higher compared to other industries. Anything from a ladder manufacturing defect to an unguarded ledge or… Continue reading Can Your Employee File a Personal Injury Claim if They’re Injured at Work?
California Supreme Court Declines to Create Exception to Privette Doctrine for “Known Hazards”
Tracy D. Forbath | Lewis Brisbois Bisgaard & Smith In Gonzalez v. Mathis (Aug. 19, 2021, S247677) __ Cal.5th___, the California Supreme Court reversed an appellate decision holding that a landowner may be liable to an independent contractor, or the contractor’s workers, for injuries resulting from “known hazards,” as running contrary to the Privette doctrine. In Gonzalez, the contractor, who… Continue reading California Supreme Court Declines to Create Exception to Privette Doctrine for “Known Hazards”