Insurer Prohibited from Bringing Separate Contribution Action in Subrogation to Rights of Suspended Insured
Posted by Haight Brown & Bonesteel LLP on Mar 5th 2019
December 4, 2018In Travelers Property Casualty Co. of Amer. v. Engel Insulation, Inc. (No. C085753, filed 11/30/18), a California appeals court held that an insurer may not file its own action to assert claims solely as a subrogee of a suspended corporation, where the corporation could not otherwise assert the claims on its own behalf.In Engel, a homeowners association filed a construction defect action against the developer, Westlake. Travelers defended Westlake as an additional insured on the
Read more
Court to Revisit Decision Against Fiduciary Rule
Posted by By Elizabeth Dilts on Apr 27th 2018
Attorneys general from California, Oregon and New York on Thursday filed a motion to intervene in a case between the securities industry and the U.S. Department of Labor, petitioning the full 5th U.S. Circuit Court of Appeals to revisit its earlier decision on a rule governing investment advice for retirees.The court, in a 2-1 decision in March, found in favor of the U.S. Chamber of Commerce, the Securities Industry Financial Markets Association and others that argued that the DOL’s fiduciary ru
Read more