Tag Archives: Insurance Defense Blog

Employer Arbitration Agreements Can Limit Class Actions

U.S. Court of Appeals for the Ninth Circuit holds an employer’s mandatory arbitration agreement could be enforced, despite its limitation on joint or class actions, citing the U.S. Supreme Court’s explicit statements that arbitration agreements should be “rigorously” enforced. Continue reading

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Violations of the Unfair Insurance Practices Act May Be Actionable

A recent California Supreme Court decision holds that a violation of the Unfair Insurance Practices Act may provide a claim under the Unfair Competition Law where the violation is independently actionable. Continue reading

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Court of Appeals Rules Insured Must Accept Insurer’s Counsel

The California Court of Appeals ruled in Federal Insurance Company v. MBL, Inc. that an insured must accept its insurer’s defense counsel where no conflict of interest exists that could be influenced by defense counsel in litigation. The issue arose when MBL, a supplier of dry cleaning products, was sued by one of its customers seeking indemnity and contribution after the customer was found responsible by the federal government for contamination of land on which its dry cleaning business operated. Continue reading

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Inconsistent Treatment of Employees Could Land You in Hot Water

When it comes to age and gender discrimination, inconsistent treatment of employees can serve as proof of discrimination and wrongful termination. This is the finding of two recent District Court decisions.

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When Do The Rules of Professional Conduct Apply to Social Media Postings?

            In today’s connected society, it’s difficult to escape the necessity of joining the world of social media networking. For attorneys, social media may provide fast, easy, and economical means of reaching clients and potential clients and advertising their services. … Continue reading

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CALIFORNIA DISTRICT COURT HOLDS INSURER’S DEFENSE AND INDEMNIFICATION OF POLICYHOLDER DOES NOT EXCLUDE BAD-FAITH CLAIMS.

                  An insurer who defends, provides policy benefits, and funds a settlement on behalf of its insured isn’t off the hook for bad faith claims, according to a January 2, 2013 order issued by the United Stated District Court for … Continue reading

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The Completed & Accepted Doctrine

Over the past fifty years, California and the “completed and accepted doctrine” have been in an up-and-down relationship. In the founding case, Kolburn v. P.J. Walker Co., (2d Dist. 1940) 38 Cal. App. 2d 545, a California appellate court held … Continue reading

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