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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Small 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 only continue operations, but care for their valued employees during continued operation. The legal landscape related to these issues is constantly evolving. This article addresses
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Mediating 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 least 217,263 confirmed cases of Coronavirus, and at least 5,151 Coronavirus deaths. The Coronavirus has been declared a pandemic, and is taking its toll on
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Paycheck 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 provides relaxed standards for applicants and underwriting banks. These changes could have a material impact on a borrower’s loan amount (it will likely increase the loan amount)
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The 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 deadlines associated with insurance claims for 90 days past the termination of California’s current COVID-19 State of Emergency. The Commissioner’s Notice does not mention the claims handling
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