The decision is here.
LA Lakers Partially Survive Motion to Dismiss of COVID-19 Claims
While the appellate court affirmed dismissal of a majority of the claims submitted by the Los Angeles Lakers for closure of the Staples Center due to COVID-19, a portion off their claim survived. L.A. Lakers v. Fed. Ins. Co., 2022 U.S. Dist. LEXIS 51563 (C.D. Calif. March 17, 2022).
Government
Broker’s Conversations with Insured’s Attorney Privileged
The court denied the insurer's motion to compel seeking communications between the insured, its attorney and the insured's broker. M&C Holdings Del. P'ship v. Great Am. Ins. Co., 2021 U.S. Dist. LEXIS 186358 (S.D. Ohio Sept. 29, 2021).
The insured's employee siphoned off commission payments to fictitious recipients. Great American
ABA Insurance Coverage Litigation Committee’s Virtual Seminar Kicks Off in March
This year's virtual Insurance Coverage Litigation Committee's annual seminar will begin the first week of March. The conference will be conducted over a course of three weeks, with sessions running for a couple of hours on Thursdays and Fridays. The sessions will be offered on March 3-5, 11-12, and 18-19, 2021.
Procedural Bad Faith Presentation
Our panel addressed Procedural Bad Faith this morning at the ABA’s Insurance Coverage Litigation Committee’s annual seminar this morning in Tucson, AZ.
9th Circuit Certifies Question on Reimbursement of Defense Costs to Nevada Supreme Court
The Ninth Circuit certified a question to the Nevada Supreme Court, asking whether the insurer can seek reimbursement of defense costs if it is determined the insurer has no duty to defend. Nautilus Ins. Co. v. Access Medical, LLC, 2019 U.S. App. LEXIS 19777 (9th Cir. July 2, 2019).
The
TTIPS Property Insurance Conference
ABA’s TTIPS Property Insurance Conference today. Our panel discussed “Erosion of the Direct Physical Loss Requirement” in property policies in Austin, Texas.
Coverage for Climate Change
Presentation at ABA’s Insurance Coverage Litigation Seminar on coverage for climate change in Tucson this morning. My co-panelists were Rina Carmel and Karin Aldama it was our fifth year of presenting together.
New Article on Cyber Coverage
The current issue of the ABA, Insurance Coverage Litigation Committee's publication Coverage includes our article, Seeing Around the Cyber Corner: What's Next for Cyber Liability Policies?" The article can be found here.
Thanks to my co-authors, Karin S. Aldama, Esq. and Rina Carmel, Esq.
Hawaii Judge Compels Carrier To Participate In Arbitration
The carrier's attempt to escape arbitration based upon a perceived bias in the insured's selected arbitrator was rejected when the court granted the insured's motion to compel arbitration. Queen's Med. Ctr. v. Travelers Cas. & Sur. Co. of Am., 2018 U.S. Dist. LEXIS 60137 (D. Haw. April 9, 2018).
In