Dennis Cusack

Dennis Cusack

Farella Braun + Martel LLP

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UPDATE: Is Your Workers’ Compensation Program Unlawful?

Under a ruling this week from the California Insurance Commissioner, your company may be insured under an unenforceable workers’ compensation program. You may also be entitled to a refund of premiums paid to California...more

6/22/2016 - Department of Insurance Insurance Commissioners Popular Premiums Refunds Void and Unenforceable Workers' Compensation Claim

New Law May Create Coverage for Wage and Hour Claims

Employers continue to face a wave of lawsuits alleging violations of various “wage and hour” statutes (overtime pay, meal and rest breaks, etc.). Employment liability insurers have uniformly denied coverage for these claims...more

6/21/2016 - D&O Insurance Employer Liability Issues Labor Law Violations Liability Insurance Minimum Wage Personal Liability Scope of Coverage Wage and Hour

Is Your Workers Compensation Program Unlawful?

A popular workers compensation insurance program offered by Berkshire Hathaway subsidiaries Applied Underwriters Captive Risk Assurance Company (Applied Underwriters) and California Insurance Company may be in trouble. On...more

4/20/2016 - Administrative Proceedings Corporate Counsel Insurance Commissioners Motion for Reconsideration Popular Reinsurance Void and Unenforceable

Leave It to the Policyholder Professionals – Do Not Try This at Home

Recently, I was asked to look at coverage for a case where the insurer had denied a duty to defend several years before. We concluded that the insurer should have been defending based on certain allegations in the complaint...more

4/18/2016 - Claims Made Policy Commercial General Liability Policies Duty to Defend Insurance Contracts Insurance Litigation Media Liability Policies Policy Exclusions

Autonomous Vehicles - How Will Regulators Keep Up With The Technology?

On December 16, 2015, the California Department of Motor Vehicles (CA DMV) issued draft regulations for the deployment (not just testing) of autonomous vehicles. When adopted, they may be the first such regulations in the...more

12/31/2015 - Auto Insurance Auto Manufacturers Connected Cars DMV Driverless Cars Innovation NHTSA Regulatory Agencies V2V

Autonomous Vehicles (Part 2) - The Capabilities and Liabilities of Self-Driving Cars

On November 6, 2015, Toyota announced that it plans to invest $1 billion in a Silicon Valley research center for artificial intelligence. On November 10, Volkswagen said it had hired away from Apple its lead expert on...more

11/13/2015 - Connected Cars Department of Transportation (DOT) Driverless Cars Google Innovation NHTSA Popular Safety Standards

Autonomous Vehicles – Where in the (Insurance) World Will They Go?

Self-driving cars are coming. In fact, Tesla Model S owners woke up on the morning of October 15, 2015 to discover that a software download to the cars has made them capable of steering and changing lanes at high speed,...more

10/16/2015 - Auto Insurance Auto Manufacturers Automotive Industry Commercial Insurance Policies Connected Cars Driverless Cars Popular Software Young Lawyers

Independent “Cumis” Counsel Now Face Direct Claims for Reimbursement From Insurers

On April 30, 2015, we blogged about Hartford Casualty Insurance Company v. J.R. Marketing, LLC, Case No. S211645, then set for oral argument in the California Supreme Court. [see the prior post: California’s “Independent”...more

8/18/2015 - Breach of Duty Cumis Counsel Duty to Defend Fee Disputes Insurance Industry Insurance Litigation Litigation Fees & Costs Reimbursements Reservation of Rights Right to Independent Counsel

New Case Highlights Deep Hole in Cyber Insurance Policies

Insurance policies covering data breach liability began appearing roughly ten years ago. We noted then a troublesome provision in some forms that seemed to exclude coverage for the insured’s failure to maintain data security...more

6/30/2015 - Corporate Counsel Cyber Insurance Cybersecurity Insurance Brokers Policy Exclusions Popular

Policyholders Should Resist Insurer Demands to Allocate Settlements

« California’s “Independent” Cumis Counsel Regime Faces A Novel Challenge | Main by Dennis Cusack Policyholders seeking insurance funds to settle a case often face an insurer’s demand that some amount should be allocated to...more

5/20/2015 - Allocation of Funds D&O Insurance Insurance Industry Liability Insurance

The Case of the Zealous Defense Counsel

A law firm asked us for advice a few months into a fast-moving intellectual property lawsuit. The complaint alleged trademark and copyright infringement claims against the company and two of its officers. They noted that...more

2/3/2015 - Copyright Copyright Infringement D&O Insurance Duty to Defend Liability Insurance Trademark Infringement Trademarks

What Businesses Need to Know About Earthquake Insurance

Last month’s Napa earthquake served as a wake-up call for everyone in the Greater Bay Area. It was a reminder that the odds of an even more damaging earthquake in Northern California over the next 20 years are high....more

9/30/2014 - Earthquake Insurance Earthquakes

The Napa Earthquake: Now Is The Time To Think About Insurance Coverage

In the aftermath of this weekend’s earthquake, we at Farella Braun + Martel would like to offer our insights. If you have a business that was affected by the earthquake, now is the time to look at your insurance policies,...more

8/27/2014 - Earthquakes Property Damage Property Insurance

Mindful Case Management

We recently litigated and successfully settled an insurance coverage case that offers a model for managing a case thoughtfully. Too often, parties reflexively dive into litigation with its procedural hurdles and delays,...more

8/12/2014 - Arbitration Breach of Contract Case Management D&O Insurance Reasonable Accommodation

How To Navigate London's Aviation Insurance Claims Process

Maintaining appropriate insurance is critical for the entire aviation industry. Many US-based airlines, aircraft owners/financiers, and aircraft lease servicers devote significant resources at the front end, setting up their...more

3/5/2014 - Aviation Industry Commercial General Liability Policies Lloyds of London

Common Policyholder Pitfalls When Navigating London Aviation Insurance Claims

Maintaining appropriate insurance is critical for the entire aviation industry. Many US-based airlines, aircraft owners/financiers, and aircraft lease servicers devote significant resources at the front end setting up their...more

2/20/2014 - Airplane Accidents Aviation Industry Lloyds of London

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