Legal Blog
IFCA Exposure for Insurers in Washington State Increases as the Court of Appeals Recognizes Noneconomic Damages as Actual Damages: Beasley v. GEICO General Insurance Company
In a matter of first impression, the Washington Court of Appeals Division 2 has held noneconomic damages are available in Insurance Fair Conduct Act ("IFCA") claims. The case involved a claim by Jerymaine Beasley, who was a passenger in a vehicle driven by Anar Askerov. Askerov had a UIM policy [...]
California Appellate Court Rules for Restaurant in COVID-19 Insurance Coverage Action
The California Court of Appeal, Second District, has recently held in an unpublished decision that the Los Angeles County Superior Court erred in sustaining an insurer’s demurrer to an insurance coverage action brought by an insured restaurant, where the insured alleged that the COVID-19 virus physically adhered to surfaces at [...]
The New Year Brings Increased Damage Caps in California in Medial Malpractice Cases
In 1975, California enacted the Medical Injury Compensation Reform Act (“MICRA”), which was intended to lower medical malpractice liability insurance premiums for healthcare providers by decreasing their potential tort liability. One provision of MICRA placed a cap of $250,000 on noneconomic damages recoverable in medical malpractice lawsuits.[1] The constitutionality of this [...]
First Major Law Enforcement Action Taken After the Collapse of FTX
On Monday, December 12, 2022, the Royal Bahamas Police Force confirmed the arrest of Sam Bankman-Fried after United States Department of Justice federal prosecutors in New York filed criminal charges contained in a sealed indictment. Mr. Bankman-Fried is currently in custody with Bahamian authorities, awaiting extradition to the U.S. The arrest is [...]
U.S. Supreme Court Grants Coinbase’s Petition for Certiorari Regarding Stays of Litigation Pending Appeal on Motions to Compel Arbitration
On Friday, December 9, 2022, the United States Supreme Court granted certiorari to hear an appeal by the major cryptocurrency exchange Coinbase, Inc. (“Coinbase”) regarding whether a non-frivolous appeal of the denial of a motion to compel arbitration ousts a district court’s jurisdiction to proceed with litigation pending appeal, or [...]
$23.8 Million Settlement Between CA Department of Insurance and Essilor Laboratories of America, Inc. Impacts Californians, Carriers and Others
On Monday, December 5, 2022, California Insurance Commissioner Ricardo Lara announced a $23.8 million settlement with optical equipment manufacturer Essilor Laboratories of America, Inc. (“Essilor”). The settlement is the result of the conclusion of a 2016 civil lawsuit filed by a whistleblower alleging that Essilor violated the California Insurance Frauds Prevention [...]