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In this case, a semi-truck owned by Joginder Singh was at fault for an accident which ultimately involved sixteen vehicles (one of which was a logging truck). In one of those vehicles, a nine-year-old passenger was killed. An adult named Brian Sykes was in another of the vehicles. The estate for the child that was killed filed a claim against the semi-truck company and the logging truck company. In January of 2013, Singh’s counsel asked Singh’s insurer to permit him to personally contribute $1,0

In PacifiCare Life & Health Ins. Co. v. Jones (No. G053914, filed 9/20/18), a California appeals court upheld the California Insurance Commissioner’s authority to impose a $173 million penalty on a health insurer based on a finding of multiple violations of the State’s Insurance Code and insurance regulations.In PacifiCare, the Insurance Commissioner, Dave Jones, imposed the fines after finding 900,000 violations of the Unfair Insurance Practices Act (Ins. Code §§ 790, et seq., “UIPA”). Insu

Under Oregon’s no-fault personal injury protection (“PIP”) statute, insurers must provide certain benefits (e.g. medical expenses and wage loss) to insured drivers involved in car accidents, without regard to fault. In the case of PIP medical benefits, the statute requires that benefits must be paid “promptly” after receiving proof of loss. The statute also provides that PIP medical expenses are deemed “reasonable and necessary” unless the PIP insurer provides the medical provider notice of deni

On August 1, 2018 the New Jersey Supreme Court issued its opinion in In re Accutane Litigation, 2018 WL3636867 wherein the Court abandoned Frye’s “General Acceptance” requirement for admission ofscientific evidence under Rule 702. In doing so, it extended the gatekeeping function of the trial courtand obligated it to ensure that an expert’s testimony was both reliable and relevant before admitting itto the jury.When considering admissibility of scientific evidence the Court adopted the Daubert s

Alternative Fee Agreements (“AFAs”) are increasingly a part of doing business in today’s legal industry as clients demand clarity and predictability in pricing. Attorneys and pricing professionals should understand, however, that courts do not always view AFAs favorably and are not afraid to wade into the murkier terms of such agreements and demand specificity—often at a cost to the attorneys and firms that draft, apply, and attempt to enforce those agreements.Even well-meaning attorneys have ru