Practice Areas

Insurance Coverage Litigation

Tyson & Mendes has experience representing primary insurers, excess insurers, life, health and disability insurers, reinsurers, and claims management organizations in the complete range of matters involving third and first party insurance and bad faith issues. Our representation has encompassed a broad scope of issues, including those associated with asbestos, products, pollution, construction defects, advertising injury, commercial disputes, and rescission actions.

We provide our insurance clients with a full range of pre-litigation counseling services, including: evaluating the legal and factual bases for requests by policyholders or beneficiaries for insurance coverage or benefits, and responding to such requests; assessing and handling demands for Cumis counsel; providing formal written legal opinions as to the existence and scope of insurance coverage, if any; and advising clients on practical alternatives to litigation.

If litigation is necessary, we have substantial experience in handling a variety of cases, in California state and federal courts.

Posts about Insurance Coverage Litigation

Howell Analysis: Capitated Risk Contracts

Date: April 20, 2017

The gravamen of the California Supreme Court decision Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal. 4th 541, 555 is: “To be recoverable, a medical expense must be both incurred and reasonable.” A personal injury plaintiff’s recovery is limited to the lesser of what is paid or what is reasonable. When the plaintiff has private health insurance the amount incurred is what was actually paid by the health insurance plan (“Plan”). Thus, a plaintiff with private health insurance is only allowed to recover what was actually paid for the treatment:

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Can A Claimant Waive Its Contractual Right To Arbitrate By Delaying Its Demand?

Date: June 11, 2015

Contract disputes are often governed by arbitration clauses. The purpose of arbitration is to have a simple, quick, and efficient method to resolve controversies. (Molecular Analytical Systems v. Ciphergen BioSystems (2010) 186 Cal.App.4th 696.) Failing to act promptly, however, may lead to waiver of the parties’ right to arbitration. A Party May Waive Its Right […]

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California Case Law Update

Date: May 6, 2015

COVERAGE Gonzalez v. Fire Insurance Exchange234 Cal.App.4th 1220 Facts:Jessica Gonzalez (“Gonzalez”) filed a complaint against Stephen Rebagliati (“Rebagliati”) and nine other members of the De Anza baseball team, asserting causes of action including false imprisonment, invasion of privacy, slander per se, battery, sexual battery, rape, conspiracy, and negligence, among others. She alleged she was sexually […]

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Arizona UM/UIM Updates

Date: April 28, 2015

The Arizona appellate courts recently published several opinions in the area of UM/UIM coverage applicable to insurance companies and agents. Requirement of a Written Offer The Arizona Supreme Court recently issued an opinion on the recurring issue of whether the insurer is required to provide the premium amounts for UM and UIM coverage when making […]

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Update: Future Of Ride-Sharing Industry Remains Murky

Date: February 4, 2015

Although some of the challenges facing ride-sharing firms such as Uber, Lyft, and Sidecar have been addressed, regulation remains a serious threat to the business model that has made the startup ride-sharing industry wildly successful in California

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Impact of the Howell Decision on Hospital Liens

Date: October 16, 2014

A recent decision discussed the effect of Howell on liens under the Healthcare Lien Act, specifically considering whether a hospital could pursue the difference between the amount actually paid and the total amount billed by the health insurer under the HLA.

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