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In the context of a coverage dispute, insureds brought a counterclaim against their insurer and a third-party complaint against their insurance agent alleging negligent failure to procure proper insurance coverage. The insureds had requested a policy equal to their previous policy with another carrier, which would have provided coverage. The trial court dismissed the insured’s claims as untimely. The appellate court reversed based on the agent’s fiduciary duty that was more significant than

In the matter of Willner v. Vertical Reality, the New Jersey Supreme Court set limits on a plaintiff’s ability to win sanctions under the Offer of Judgment Rule in cases of multiple defendants, even when the ultimate damages award is well beyond the original judgment. The Court overturned an award of sanctions in a product liability case where a jury ordered two defendants to pay plaintiff far beyond what his attorney had demanded in a pretrial offer of judgment. The Supreme Court said it wo

In Sheppard Mullin Richter & Hampton LLP v. J-M Manufacturing Co., Inc. (8/30/2018 No. S232946), the California Supreme Court held that the conflict of interest of the law firm (“Sheppard Mullin”) rendered its engagement agreement, including an arbitration provision, with its client (“J-M”) unenforceable because the agreement violated the California Rules of Professional Conduct (“RPC”). Although the agreement included an “advance” conflict waiver, the Court deemed it ineffective because She

In Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc. (No. S236765, filed 6/4/18) (L&M), the California Supreme Court ruled that the liability insurance requirement that injury be caused by an “occurrence,” defined as an “accident,” does not preclude coverage of an employer’s independent tort liability for injury deliberately caused by its employee.In L&M, Liberty insured a construction company that contracted to manage a construction project at a middle school in S

In Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc. (No. S236765, filed 6/4/18) (L&M), the California Supreme Court ruled that the liability insurance requirement that injury be caused by an “occurrence,” defined as an “accident,” does not preclude coverage of an employer’s independent tort liability for injury deliberately caused by its employee.In L&M, Liberty insured a construction company that contracted to manage a construction project at a middle school in S