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Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend

Posted by Christopher Kendrick- Haight on Jul 29th 2019

Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend
In United Farm Workers of America v. Hudson Insurance Company, (E.D. Cal.) 2019 WL 1517568, the United Farm Workers of America union (UFW) sued Hudson Insurance Company for breach of contract and bad faith arising out of a former employee’s wrongful termination and wage and hour lawsuit.Hudson provided UFW with Labor Professional Liability Insurance that included employment practices liability coverage. Hudson reserved its rights and agreed to pay an allocated share of the defense costs, citing
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Genuine Dispute Over Workers' Compensation Reduction From Uninsured Motorist Benefits Negates Bad Faith

Posted by Haight Brown & Bonesteel LLP on Mar 5th 2019

Genuine Dispute Over Workers' Compensation Reduction From Uninsured Motorist Benefits Negates Bad Faith
December 20th, 2018 In Case v. State Farm Mutual Automobile Ins. Co., Inc. (No. B281732, filed 11/21/18, ord. pub. 12/18/18), a California appeals court held that the allowable reduction from uninsured motorist (UM) benefits for “payable” workers’ compensation benefits meant “eligible,” whether the insured sought the benefits or not. As a result, the court found that a genuine dispute over resolution of the insured’s workers’ compensation claim negated a claim for bad faith delay in payment
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Defendants Approve This Appellate Division Decision on Plaintiff's Social Media

Posted by Bryan Schwartz on Mar 5th 2019

Defendants Approve This Appellate Division Decision on Plaintiff's Social Media
On January 24, 2019, the Appellate Division First Department dealt a blow to plaintiffs' attempts to hide their activities on social media. In the case of Vasquez-Santos v Matthew, 2019 N.Y. App. Div. LEXIS 527, the Court held that, "[private social media information can be discoverable to the extent it 'contradicts or conflicts with [a] plaintiff's alleged restrictions, disabilities, and losses, and other claims'"In Vasquez, the plaintiff, a semi-professional basketball player, alleged that the
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Joginder Singh dba Singh AP Transport v. Zurich American Insurance Company

Posted by Court of Appeals of the State of Washington on Sep 28th 2018

Joginder Singh dba Singh AP Transport v. Zurich American  Insurance Company
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
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Court Upholds California Insurance Commissioner’s Authority to Enforce Insurance Regulations

Posted by Haight Brown & Bonesteel LLP on Sep 28th 2018

Court Upholds California Insurance Commissioner’s Authority to Enforce Insurance Regulations
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
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