In the United States, it is now somewhat common for an insured-claimant, seeking to be designated as class representative, to initiate a putative class action lawsuit against an insurance company,...
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Class action Lawsuits in the United States against insurance companies
February 22, 2024The Oregon Supreme Court issues insurers a lump of coal
In the long-awaited opinion of Moody v. Oregon Community Credit Union, issued December 29, 2023, the Oregon Supreme Court, split 4-3, announced that the plaintiff pleaded facts sufficient to give...
January 3, 2024California Court rejects application of pollution exclusion to property owner’s COVID-19 claim
A panel of California’s Second District Court of Appeal ruled this week that pollution exclusions in a shared-and-layered property insurance program did not apply to alleged losses arising out of...
October 5, 2023COVID-19 is not a Direct Physical Loss Covered by Property Insurance Policies
Nevada Supreme Court Holds COVID-19 is not a Direct Physical Loss Covered by Property Insurance Policies Andrew B. Downs Last week policyholders discovered there is no silver lining in the...
September 22, 2023Nevada outlaws self-eroding liability insurance policies
Nevada outlaws self-eroding liability insurance policies Nevada has enacted a statute which prohibits liability insurers from issuing self-eroding, or defense within limits, policies. Nevada is the first state to prohibit...
July 7, 2023California Supreme Court Refines Rules of Policy Interpretation
Last week the California Supreme Court issued its long-awaited decision in Yahoo, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa. While the immediate issue before the court was...
November 22, 2022The Unintended Insurance Consequences of California’s New Firearms Law
CALIFORNIA GOES TO TEXAS: THE INSURANCE CONSEQUENCES OF CALIFORNIA’S ADOPTION OF A PRIVATE RIGHT OF ACTION AGAINST FIREARMS MANUFACTURERS, DISTRIBUTORS AND SELLERS Andrew B. Downs On July 22 California Governor...
August 1, 2022Significant California Decision Enforcing Statutory Prohibition on Liability Coverage for Willful Acts
California has long had a statutory prohibition of insurer liability for a policyholder’s willful acts in Insurance Code § 533. On April 19th California’s First District Court of Appeal held...
April 21, 2022Our Exclusive Member in California Co-edits the Third Edition of the ABA’s Property Insurance Litigator’s Handbook
Our Exclusive Member in California Co-edits the Third Edition of the ABA’s Property Insurance Litigator’s Handbook Bullivant Houser Shareholder Andy Downs is one of the three co-editors of the third...
February 10, 2022Insuralex chooses Bullivant Houser Bailey PC as its exclusive member in Washington
Insuralex chooses Bullivant Houser Bailey PC as its exclusive member in Washington Bullivant Houser, a U.S. West Coast-based law firm providing legal services in the area of insurance law and...
February 7, 2022Historic 2020 Wildfires Spark Proposed Insurance Coverage and Bad Faith Legislation in Oregon
The wildfires that ripped through Oregon in September of 2020 caused unprecedented damage, and sparked legislation that would expand property coverage and look to create a bad faith cause of...
April 20, 2021Nevada Gets on the “Buss,” Adopts Insurer Right of Reimbursement for Uncovered Defense Costs
The Nevada Supreme Court, in a 4-3 decision, has concluded a liability insurer is entitled to reimbursement of defense costs when there is no overage and the insurer reserved in...
March 17, 2021WHAT DID SANTA LEAVE FOR PROPERTY INSURERS? New California Laws Affecting Property Claims in 2021
Every year, it seems, the California state government leaves “gifts” for property and casualty industry. The 2020 legislative session was no exception. Most new legislation takes effect on January 1,...
January 7, 2021Actual Knowledge or Awareness That Product is Sold in Washington Required for Personal Jurisdiction Based on Stream of Commerce
On July 13, 2020, the Washington court of appeals issued the third in a trilogy of decisions regarding whether a showing of actual knowledge or awareness that a product is...
July 22, 2020California Legislators Attempt to Create Business Income Coverage for COVID-19 by Reversing Burdens of Proof
One of the less exciting components of litigation is the burden of proof. The lack of excitement, however, masks its importance. In many instances, which party is assigned the burden...
July 14, 2020California court revisits “Genuine issue doctrine” Applicability to consultant opinions
Andrew B. Downs In California, an insurer breaches the implied covenant of good faith and fair dealing when it unreasonably and without proper cause deprives the policyholder of contractual benefits....
June 12, 2020Insuralex´s Exclusive Member in California recommended as a leading firm in chambers USA 2020 survey
Bullivant attorneys Andrew Downs and Thomas Hutchinson have been recognized as ranked lawyers in the latest edition of Chambers USA: America’s Leading Lawyers for Business (2020). Andrew Downs is ranked in California in the...
April 24, 2020Pandemic’s Impact on Case Evaluations
As we have seen to tragic effect around the world, the COVID-19 virus has proved to be unpredictable, with guidelines from state and federal governments and health agencies evolving from...
April 15, 2020Small Business Employer and Employee Options in This Uncertain Time
Many small U.S. businesses are facing uncertainty about continued viability as a result of the COVID-19 pandemic. An important part of this deliberation is how these small businesses can not...
April 9, 2020Mediating in a Social Distancing Environment
Life as we know it changed in January of this year upon confirmation that the Coronavirus had reached the US. As of this writing the United States has seen at...
April 9, 2020Paycheck Protection Program An Economic Lifeline During an Unprecedented Crisis
The U.S. Treasury Department released new implementation guidance on April 6, 2020 regarding the Paycheck Protection Program (PPP), including changes to interpretations for loan amount calculation. Additionally, the new guidance...
April 8, 2020The Math Just Got More Complicated
California Insurance Commissioner Suspends All Statutory and Contractual Deadlines For 90 Days After the Termination of State of Emergency California Insurance Commissioner Ricardo Lara has suspended all statutory and contractual...
April 7, 2020Does Time Stand Still? The Procedural Implications of COVID-19 in Washington, Oregon, and California
Insuralex´s exclusive member in California explains procedural implicatons of COVID-19 in Washington, Oregon and California The Procedural Implications of COVID-19 in Washington, Oregon, and California The judiciary tends to lag...
March 18, 2020Excusive Insuralex member in California, Bullivant Houser´s President, elected as the Vice-Chair of Tort, Trial & Insurance Practice Section of the American Bar Association
Insuralex exclusive member in California, Bullivant Houser Bailey PC, a nationally recognized law firm with offices in Washington, Oregon, and California, announced that Loren Podwill has been elected as the...
February 25, 2020California’s New Year’s Resolution: Let’s Make Discovery More Expensive
California has long given parties producing documents the option of producing them either as they are kept in the ordinary course of business or organized and labeled to correspond to...
January 8, 2020The Only Constant is Change: New California Insurance Laws for 2020
Insuralex´s exclusive member in California talks about the new California insurance laws for 2020 The California legislature didn’t exactly leave coal in the insurance industry’s stocking in 2019, but it...
January 3, 2020California Supreme Court Concludes Notice-Prejudice Rule Applies To Consent Clauses In First-Party Insurance Policies
Insuralex´s exclusive member in California writes about the notice-prejudice rule. August, 2019 By Andrew B. Downs When it comes to insurance coverage, one cue to the court’s feelings about an issue...
September 6, 2019A deal is not a deal: California Court uses uniform voidable transactions act to invalidate policyholder release of bad faith claim
In a case that ought to remind us that there are few limits to the creativity of the policyholder bar, and that if a course of action seems too cute,...
July 30, 2019Insuralex chooses Bullivant Houser Bailey PC as its exclusive member in California
Bullivant Houser Bailey PC, a U.S. West Coast based law firm providing legal services in the area of insurance law and related litigation, announced that it has become the exclusive...
May 21, 2019
