The 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 Newsom signed SB 1327 which creates a private right of action for members of the public who wish to sue manufacturers, distributors, and retailers of
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Significant 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 section 533 precludes coverage for lead paint manufacturers’ public nuisance liability arising out of their promotion of lead paint for residential use while knowing the
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Our 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 edition of the Property Insurance Litigator’s Handbook published by the ABA’s Tort, Trial & Insurance Practice Section. He was also a co-editor of the first
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Historic 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 action in Oregon.    HB 3272 seeks to amend ORS 742.230 to require several changes to property coverage provided in homeowner policies – if passed, among
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WHAT 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, some takes effect immediately, and some does not become operative until July 1, 2021.    This year’s “gifts” included new statutory language applicable when a
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Actual 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 sold in Washington is necessary to support personal jurisdiction in stream-of-commerce cases. In Noll v. American Biltrite, Inc., Case No. No. 77888-9-I, 2020 WL 3960362 (Wash.
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California 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 of proof determines the outcome – the party with the burden of proof loses. Some members of the California legislature are using this reality to
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California 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. For about twenty years, insurers in California have been able to use the existence of a “genuine issue” as to coverage as a ground for
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Insuralex´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 area of insurance law and Thomas Hutchinson is ranked in Oregon in the area of general commercial litigation. The Chambers guide, described as the most
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Pandemic’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 one week to the next. Currently, the effect of the crisis on litigation is also hard to predict, but the profound experience our future jurors
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