Subro Sense - The ABC's of RCV and ACV
Episode 120: Interview of NAVEX Global Third-Party Risk Officials: Chris Bailey and Stephen Gooding
Homebuilder Series Webinar: Fiduciary Duties & Auditor Liability
The New Normal: Taking Responsibility for Your Vendors
In this webinar, Goldberg Segalla’s Larry D. Mason and Kerry L. Jones will explore the primary fungi that serve as the foundation for most mold-related claims, common health problems associated with insured’s and third-party...more
Join Goldberg Segalla partners Christian A. Cavallo and Dustin C. Blumenthal for an interactive webinar discussing practical and legal considerations for insurers presented with a time-limited demand that they pay their...more
Fourth Department Holds Landlord Covered As Additional Insured Under Tenant’s Policy For Accident On Driveway Of Leased Premises- Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory...more
Civil Unrest, Riots, And Strikes - This is the fourth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Many commentators have...more
Pinto v. Farmers Ins. Exch., ___ Cal. App. 5th ___ (2021) - Over the past several years, the insurance industry in California has been plagued by waves of “bad faith failure to settle” claims. These claims arise out of a...more
The COVID-19 pandemic has created evolving uncertainties for insurers providing coverage throughout the U.S. As the pandemic spread throughout the country, insurers faced an influx of first-party claims related to decreased...more
Oftentimes, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages included in the subrogation demand, and contend that they only owe “Actual Cash Value” (“ACV”),...more
The 2019 novel coronavirus (“COVID-19”) continues to disrupt everyday life and scientific experts and world leaders agree that there is no concrete end in sight. Policyholders are understandably concerned wondering if their...more
In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule is a fundamental public policy of...more
In answering two questions posed to it by the Ninth Circuit Court of Appeals, the California Supreme Court on August 29, 2019, addressed two significant issues: 1) whether California’s common law notice-prejudice rule is a...more
Under Florida law, all drivers are required to stop at the scene when they are involved in an accident. Unfortunately, despite the criminal penalties for “leaving the scene of an accident,” hit and run accidents are common,...more
Insurers have recently argued that environmental property damage claims for “closure” costs arising out of historic pollution are not covered, because the claimed damages are just “ordinary costs of doing business.”...more
On March 18, 2019, the First Circuit Court of Appeals affirmed a decision holding that Sedgwick Claims Management Services made reasonable and prompt efforts to settle a nursing home liability claim, and therefore was not...more
Insurance carriers and policyholders often argue about the scope of policy provisions. Generally, policyholders take an expansive view of insuring agreements, while carriers often construe them more narrowly. But not all...more
It is axiomatic that in order to obtain insurance coverage a policyholder must first establish that a claim falls within a policy’s insuring agreement before coverage under the policy is triggered. For construction claims...more
The Holding - In Knightbrook Insurance Company v. Payless Car Rental System Incorporated, 2018 WL 769295 (Ariz. February 8, 2018), an insurance bad faith and equitable indemnification case arising from an auto claim, the...more
An insurer that defends its insured against a third party’s lawsuit, while reserving rights to deny coverage to its insured for any judgment, may face a decision point when underlying settlement discussions become ripe to...more
In Haering v. Topa Insurance (No. B260235; filed 2/3/16), a California appeals court held that an excess liability insurance policy that “followed form” to an underlying primary policy providing uninsured...more
On October 12, 2015, Nossaman and UC Irvine hosted a Cyber Symposium at the City Club in Los Angeles. The event included four panels of Nossaman lawyers, UCI professors, and private professionals who are experts in the areas...more
Makers and Users of Smart Devices Beware: You May Have a Critical and Costly Gap in Your Insurance Coverage - The drumbeat of high-profile data breaches has led to rapid growth in the number of companies purchasing or...more
For the purpose of those individuals who undertake direct representations of insurers, it is significant to be able to recognize who can sue an insurer (their clients) for bad faith. Nine years have passed since the...more
The Supreme Court of New Zealand (Court) last month handed down the latest in a series of decisions, both in New Zealand and Australia, relating to the enforceability of 'statutory charges' over insurance monies – and it is...more
In Stewart Title Guar. Co. v. Sterling Savings Bank, et al., Wash. No. 87087-0 (October 3, 2013), the Washington Supreme Court held that a nonclient insurer may not pursue a malpractice claim against appointed defense counsel...more
On certification from the U.S. District Court for the Northern District of Alabama, the Supreme Court of Connecticut recently issued an opinion holding that an insurer’s bad faith conduct in the investigation of a third-party...more