Mobile Homeowners – Special Protection?

Author: Michael Kutzner

Guest Editor: Grace Shuman

April 29, 2022 9:00am

Surety companies in Washington are generally not liable in tort to a third party. However, a specific exception was created for the setting up and siting of mobile homes. Poor or lacking performance with regards to these aspects…

The Show Must Not Go On

Author: Kristina Milone

Guest Editor: Grace Shuman

March 2, 2022 3:59pm

COVID-19 lockdowns have hit New York Broadway productions and distribution companies particularly hard.  Loss of jobs, complete shutdowns, and an inability to conduct business safely has hindered organizations’ business. 

Federal Judge Throws Out Portion of Coverage Lawsuit in Nevada

Author: Christopher Lund

Guest Editor: Grace Shuman

December 3, 2021 9:00am

a recent ruling out of Nevada involving a case in which a plaintiff alleged bad faith, a judge opined a bad faith allegation did not survive Rule 12(b)(6) scrutiny.  Rule 12(b)(6) pertains to a pre-trial motion for “failure to state a claim upon which relief can be granted.”  In Sahinov v. Geico Advantage Ins. Co., the court deemed it “difficult for the court to sufficiently analyze whether one party was acting in bad faith” based on the details provided.

No Tort Liability for Insurer Underpayment of Hospital Bills

Author: Kristi Blackwell

Guest Editor: Kiran Gupta

December 3, 2021 9:00am

On November 4, 2021, the Second District Court of Appeal, Division 2, ruled against establishing tort liability for insurers who paid less than what the hospital believed to be the “reasonable and customary value.”  This partially published opinion is based on the underlying suit between plaintiffs Long Beach Memorial Medical Center and Orange Coast Memorial Medical Center (collectively “the hospitals”) and defendant Kaiser Foundation Health Plan, Inc. (“Kaiser”) stemming from alleged underpayment by Kaiser for emergency medical services rendered at the hospitals.

Colorado Restaurant Failed to Prove Physical Loss from COVID-19

Author: Michael D. Drews

Guest Editor: Grace Shuman

October 29, 2021 9:00am

In the wake of the COVID-19 pandemic, restauranteurs are facing a litany of issues.  With changing governmental restrictions, restaurants have had to adapt more than most businesses.  Some restauranteurs have taken to the courts to try and recoup losses.  In a recent Colorado case, the court examined loss coverage stemming from the pandemic.

The Arizona Supreme Court Issued a New Opinion on the Statute of Limitations and Calling Attention to the Underlying Claims of an Alter Ego Case in Specialty Companies Group v. Meritage Homes of Arizona

Author: Kimberly Sayre

Guest Editor: Kiran Gupta

October 4, 2021 3:10pm

The Arizona Supreme Court issued a new opinion on the statute of limitations in an alter ego case. In Specialty Companies Group v. Meritage Homes of Arizona, the court called attention to the underlying claim of an alter ego case.

Some Claims Against Product Manufacturers for Damage to Single Family Residences May Not be Subject to Right to Repair Act Limitations

Author: Darrell Nguyen, Denae M. Olivieri

Guest Editor: Kiran Gupta

October 4, 2021 2:55pm

In State Farm General Insurance Company v. Oetiker, Inc. (2020) 58 Cal.App.5th 940 the Second District Court of Appeal addressed a Right to Repair Act (the “Act”) case concerning a product manufacturer trying to dodge a subrogation action based on the Right to Repair Act, California Civil Code Title 7, Section 895, et seq.i The Court of Appeal determined that the Right to Repair Act governing residential construction defect litigation does not preclude a homeowner, or its insurer, from bringing causes of action which fall outside of the Act.ii

Reasonable Minds May Differ When it Comes to Interpretation of Philadelphia’s Insurance Policy Exclusions

Author: David Kahn

July 2, 2021 9:00am

The Ninth Circuit Court of Appeals affirmed summary judgment in favor of Philadelphia Indemnity Insurance Company (“Philadelphia”) regarding its denial of coverage to Oak Park Unified School District (“Oak Park”) based on a “design defect” exclusion in its policy, holding the denial was not in bad faith even though the Ninth Circuit had previously found the defect exclusion was ambiguous

Update: California District Court Upholds Previous Dismissal of Wife’s COVID-19 Civil Suit

Author: David Kahn

Guest Editor: Kiran Gupta

June 4, 2021 9:00am

In our April Newsletter, Tyson & Mendes reported a California federal court dismissed a lawsuit filed by the wife of a construction worker. Plaintiff claimed her husband contracted COVID-19 at work and brought the virus home infecting her as well. Following the dismissal, the district court judge gave plaintiff an opportunity to amend her complaint. At a hearing on May 7, 2021, the court upheld the dismissal without further leave to amend. As of this date, it is unknown whether plaintiff will appeal.

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