News & Analysis as of

High Fire Season Followed by El Nino Sets California Policyholders on Collision Course With Property Insurers

Regular readers of the San Francisco Chronicle saw two familiar headlines in the September 10, 2015 issue of that paper. The first – “Northern California wildfire explodes in size”[1] – would not have been unusual on any...more

Policyholder Insider Quarterly

Some Words Are More Equal Than Others: BancInsure vs. FDIC - In George Orwell's "Animal Farm", the governing principle that "all animals are equal" was revised by the pigs, who had ascended into power, to "all animals...more

Renewable Energy Update - October 2015

Renewable Energy Focus - Price of solar energy in the U.S. has fallen to 5¢/kWh on average: Lawrence Berkeley National Laboratory - Sep 30: Solar energy pricing is at an all-time low, according to a new report released...more

Hurricanes vs. Wildfires — 2015’s Dramatic Contrast

Two of this blog’s four rotating headers depict a hurricane and a fire as examples of potentially-destructive types of property damage, and the hurricane season (June through November) and the wildfire season (late spring...more

Drone on Drones: Fly into the Danger Zone

It’s wildfire season in California, a dangerous time of year made worse by the ongoing drought. Yet, another threat entirely is plaguing firefighters this year. During at least five fires over the past month, aircraft...more

Ninth Circuit Holds Property Damage Directly Caused By Fire

In Stankova v. Metropolitan Property & Casualty Insurance Company, 2015 U.S. App. LEXIS 8935 (9th Cir. May 29, 2015), the Ninth Circuit Court of Appeals, applying Arizona law, had the opportunity to address the concept of...more

Allegation That Court Itself Was Victim Of Fraud Causes Federal Judge To Recuse Himself, All Other Judges In The District

The biggest litigation you’ve probably never heard, the Moonlight Fire litigation, just took another twist. Following a huge Northern California wildfire, the State and the Feds sought tens of millions in damages from...more

Contingent Valuation Returns?

The latest battle in the timber wars provides vividly contrasting views of the impact of last summer’s Rim fire, which burned across over 250,000 acres in the Stanislaus National Forest, Yosemite National Park and on private...more

Court Enjoins "Salvage Harvest" Project In Area Scorched By The Mill Fire

In 2012, the Mill Fire burned almost 30,000 acres in California, destroying large areas of forest, including threatened Northern spotted owl (Strix occidentalis caurina) habitat. Even after the Mill Fire was finally snuffed...more

San Francisco's State of Emergency and Microgrids

California Governor Edmund Brown, Jr., recently declared a state of emergency for the City and ?County of San Francisco. The City and County of San Francisco and the San Francisco Public ?Utilities Commission had previously...more

Is the View Worth the Risk?

You’ve had your eye on that cliffside property with the great view of the bay for a while now. You’ve been assured that the land is safe to build on, but as a California resident, you know all too well what can happen....more

California Environmental Law and Policy Update - July 18, 2013

Environmental and Policy Focus - Pumping water underground could trigger major earthquake, say scientists: The Guardian - Jul 12 - Pumping water underground at geothermal power plants can lead to dangerous earthquakes...more

Know Your Rights - 10 Actions To Ensure Your Wildfire Insurance Claim is Timely and Fairly Adjusted

The recent wildfires raging through Colorado have once again proven tragic for our state. The 2013 wildfire season has already led to loss of life, property and, in many cases, revenue. For many, insurance will provide the...more

Insurance Coverage: January 2013

There were no significant decisions of the Supreme Court related to coverage this past quarter. The Courts of Appeal have provided us with several more decisions on contribution and subrogation. The following are brief...more

Ninth Circuit Declines to Apply EIS Requirements to an EA

On September 20, 2012, the Ninth Circuit rejected a challenge mounted under both NFMA and NEPA to the validity of the Angora Fire Restoration Project. See Earth Island Institute v. U.S. Forest Service, No. 11-16718, slip op....more

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