News & Analysis as of

Bad Faith Elder Abuse

Rivkin Radler LLP

Insurance Update - July 2021

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Appellate courts have been busy the last few weeks deciding a wide swath of insurance issues. The Eighth Circuit became the first federal appellate court to weigh in on pandemic-related business interruption claims. ...more

Downey Brand LLP

California Appellate Courts Doubly Divided Over Probate Code Section 859

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We blogged recently about Keading v. Keading (2021) 60 Cal.App.5th 1115, which addresses whether a trial court can impose damages under California Probate Code section 859, without a finding of bad faith, if the court finds...more

Downey Brand LLP

Is “Bad Faith” Needed for Double Damages Under Probate Code Section 859?

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A recent decision from the California Court of Appeal shows a continued split of authority as to the meaning of California Probate Code section 859, which allows doubles damages for the wrongful taking of property under...more

Bradley Arant Boult Cummings LLP

Long-Term Care and Elder Abuse: Do They Intersect?

In at least one state, California, the answer to the question of “Do issues related to long-term care and elder abuse intersect?” is yes. The California Welfare and Institutions Code defines “financial abuse” of an elder...more

Carlton Fields

Nonpayment of an Insurance Claim is Not Elder Abuse

Carlton Fields on

Does the failure to pay an insurance claim constitute elder abuse? Not under Oregon’s elder financial abuse laws. In January, the Oregon Supreme Court, answering a certified question from the Ninth Circuit, held that...more

Cozen O'Connor

Genuine Dispute Defeats Both Bad Faith and Elder Abuse

Cozen O'Connor on

The Paslays sued State Farm for failing to pay a portion of the damage caused to their Pacific Palisades house by a heavy rainstorm and for forcing them to move back into the house while it was still under construction. The...more

Haight Brown & Bonesteel LLP

Genuine Dispute Over Cause of Damage and Insureds’ Demolition Before Inspection Negate Bad Faith and Elder Abuse Claims

In Paslay v. State Farm General Ins. Co. (No. B265348, filed 6/27/16), a California appeals court found triable issues of fact regarding whether State Farm breached its contract in paying a water loss, but affirmed summary...more

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