Sorting Out a Liability Mess
By Stephen N. GoldbergIn State of California v. Allstate Insurance Company, 2009 DJDAR 3425 (March 9, 2009), the California Supreme Court reversed a trial court's grant of summary judgment for a...
View ArticleInsurance Deadlines Subject of Kirk Pasich's "On the Clock"
Dickstein Shapiro attorney Kirk Pasich writes often and well for the Los Angeles Daily Journal. Here, from the DJ's "Focus" column is his most recent article, On the Clock.by Kirk PasichInsurance...
View ArticleIntroducing the Catastrophic Insurance Coverage Blog
Though I have spoken and written for many years about the rights of corporate insureds to recover policy proceeds for catastrophic (and other) losses, this is my first entry into the blawgosphere...
View ArticleMake Sure You've Got the D&O Coverage You Need
Thanks to Mark E. Miller of Greenberg Traurig for this slightly dated but still excellent article: What You Need to Know About D&O Insurance: the Top Ten List.Although properly negotiated...
View ArticleTwo Often Overlooked Considerations In Choosing Counsel To Oversee Your...
One of the hallmarks of complex insurance coverage litigation between a corporate policyholder and its insurers is the substantial commitment to – and cost of – pre-trial discovery that is required....
View ArticleBack-Up Protection for Your D&O Coverage Needs
If you are in charge of purchasing insurance for your comany's directors and officers and you want to keep them happy, you might be very interested in this idea developed by Peter Taffae, Managing...
View ArticleMadoff, Madoff, Madoff
So much has been written about Bernie Madoff and the implications of the massive losses he caused that another Madoff post seems redundant. Unless, of course, you're worried about liability. Not only...
View ArticleChinese Drywall and Insurance Coverage
I ran across an interesting post about the need for contractors to evaluate their liability risk resulting from the installation of Chinese made drywall, the subject now of an intense amount of...
View ArticleEndorsements to Avoid and to Get
I am constantly scouring the web looking for tips and tricks that I think will be helpful to policyholders and to lawyers representing them. Certain articles deal with the "stuff" that people out in...
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On Vacation
I will be away all this week on vacation at the beach in San Diego with only funky internet access. Stay tuned for more posts starting in early September.Have fun everyone! I sure plan on it.
View ArticleTake Care of Your Director's and Officer's Insurance Needs
I know I am on vacation. But in checking my email deliveries this morning, I saw yet another article that made me think about the need of corporate risk managers (or whoever is tasked with purchasing D...
View ArticleLos Angeles Program on Arbitration Advocacy in Commercial Litigation, Sept. 9.
So what if you view this as self-promotion? Nevertheless, the topic of this program in Beverly Hills is worth thinking about if you are in the area on September 9 and want to have a wonderful lunch at...
View ArticleInsurers Too Often Want to Weasel Out of the D&O Insurance They Sold.
Fortunately, they don't always succeed, as evidenced by the recent decision discussed below.I have returned from vacation and a lot of work that has kept me away from posting. But I am hopefully back...
View ArticleCan Your Mediator Be Your Enemy?
You had better believe it and take precautions to see that it does not happen to you.Though unpublished, this decision from California's Third District Court of Appeal, Palmer v. State Farm, made me...
View ArticleBreaking News: Kartrina Losses Covered If Caused By Wind Damage
In last week's decision in Corban vs. CSAA, the Mississippi Supreme Court rejected the anti-policy-holder view that the Fifth Circuit had earlier adopted. It ruled that, under Mississippi law, even...
View ArticleSome Relief for Homeowners With Chinese Drywall
I blogged in August on the Chinese Drywall problems and the response of the insurance industry. According to a number of articles circulating today, one insurance company in Florida -- not surprisingly...
View ArticleCollateral Source Rule Protects Tort Plaintiff's Recovery for Health...
Here is an interesting case. The plaintiff in an auto accident sued for her full damages resulting from the accident. The defendant was found liable but sought to reduce the award by the amount of the...
View ArticleCalifornia Supreme Court Speaks Yet Again on Punitive Damage Limitations
The California Supreme Court has just spoken again on the issue of punitive damages. On Monday, November 30, 2009, the California high court handed down in its decision in Roby vs. McKesson...
View ArticleIf You Thought E-Discovery Was Bad, Hang on For Cloud Computing
All litigators who handle disputes for business entities and any business that has already gone through a major piece of litigation understand how expensive, time consuming, to be honest, down-right...
View ArticleChinese Drywall Redux - United Policyholders Nudges the Insurance Regulators
I posted back in August about the insurance coverage issues raised by the use of Chinese Drywall. Those issues not only won't go away but the severity of the problem seems only to increase.Fortunately...
View ArticleChinese Drywall - Another Comment
So I just finished my posting yesterday about Chinese Drywall insurance coverage issues and the presentation by United Policyholders to the National Association of Insurance Commissioners (see my post...
View ArticleCommon Sense Sometimes Wins the Day
I thought that perhaps I ought to simply refer you all to an article that I found in one of my networking groups that has such clarity and wisdom that I thought I ought to just pass it on and give the...
View ArticleMediating An Insurance Coverage Dispute
I read a very interesting article today about a hypothetical insurance coverage mediation in a publication that you need to subscribe to in order to have access - so I cannot link to it here. But for...
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