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WHAT DID SANTA LEAVE FOR PROPERTY INSURERS? New California Laws Affecting Property Claims in 2021

Thursday, 07 January 2021 by Insuralex
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
  • Published in News + Articles
Tagged under: Insuralex California, Insurance attorneys California, Property law California

Actual Knowledge or Awareness That Product is Sold in Washington Required for Personal Jurisdiction Based on Stream of Commerce

Wednesday, 22 July 2020 by Insuralex
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.
  • Published in News + Articles
Tagged under: Insuralex California, Insuralex Washington, Insurance attorneys California

California Legislators Attempt to Create Business Income Coverage for COVID-19 by Reversing Burdens of Proof

Tuesday, 14 July 2020 by Insuralex
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
  • Published in News + Articles
Tagged under: California Business Income Coverage for COVID-19, Insuralex California, Insurance attorneys California, Insurance Lawyers California

California court revisits “Genuine issue doctrine” Applicability to consultant opinions

Friday, 12 June 2020 by Insuralex
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
  • Published in News + Articles
Tagged under: Bullivant Insurance Attorneys, California Genuine issue doctrine, Insuralex California, Insurance attorneys California

Insuralex´s Exclusive Member in California recommended as a leading firm in chambers USA 2020 survey

Friday, 24 April 2020 by Insuralex
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
  • Published in News + Articles
Tagged under: Chambers ranked attorneys California, Insuralex California, Insurance attorneys California

Pandemic’s Impact on Case Evaluations

Wednesday, 15 April 2020 by Insuralex
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
  • Published in News + Articles
Tagged under: Insuralex California, Insurance attorneys California, Insurance Lawyers California, Pandemics Impact Case-Evaluations

Small Business Employer and Employee Options in This Uncertain Time

Thursday, 09 April 2020 by Insuralex
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
  • Published in News + Articles
Tagged under: Insuralex California, Insurance attorneys California, Insurance Lawyers California, Small Business Employer and Employee Options in This Uncertain Time

Mediating in a Social Distancing Environment

Thursday, 09 April 2020 by Insuralex
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
  • Published in News + Articles
Tagged under: Insuralex California, Insurance attorneys California, Insurance Lawyers California, Mediating Social Distance Environment

Paycheck Protection Program An Economic Lifeline During an Unprecedented Crisis

Wednesday, 08 April 2020 by Insuralex
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)
  • Published in News + Articles
Tagged under: Insuralex California, Insurance attorneys California, Insurance Lawyers California, Paycheck Protection Program California

The Math Just Got More Complicated

Tuesday, 07 April 2020 by Insuralex
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
  • Published in News + Articles
Tagged under: California Insurance Commissioner Coronavirus, Insuralex California, Insurance Lawyers California
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