California Court of Appeal News

Calif. Appellate Ct. Revives Suit Seeking Coverage for Income Lost During COVID Shutdown

A California appellate court ruled again Monday that the SARS-CoV-2 virus can cause direct physical loss or damage to property, notching a rare policyholder for a real estate business seeking coverage for business income lost because of the COVID-19 pandemic. …

Viewpoint: Thanksgiving Holiday Is No Excuse for Potential Insurer Bad Faith

Short-fuse, time-limited demands are structured by plaintiff’s attorneys to create the least amount of time for an insurer to respond. Often, short-fuse demands are made just before upcoming holidays with the hope that distracted insurance company adjusters are distracted and …

Viewpoint: Calif. Appellate Court Refuses to Expand Trigger for Independent Counsel

Under California Civil Code §2860, insureds have a right to obtain independent counsel at the insurer’s expense whenever there are competing interests that create an ethical conflict for the insurer-appointed counsel. Since enactment, the California courts defined the boundaries of …

Business Fears Never Ending Liability From ‘Take-Home’ COVID-19 Lawsuits

As COVID-19 cases surge in the United States, businesses say they fear a California court ruling has increased the likelihood that companies will be sued for infections, even by people who are not employees or customers. The Dec. 21 ruling …

California Court Rejects Motiva Insurance Claim Stemming From 2017 Refinery Fire

A California state appeals court on Monday denied Motiva Enterprises’ request for insurance coverage for a settlement with workers injured in a 2017 fire at its 607,000-barrel-per-day Port Arthur, Texas refinery. In a decision on Monday, a panel of the …

California Court Clarifies Measure of Medical Damages Involving Uninsured Accident Victims

On June 22, 2015 the California Court of Appeal for the Fourth Appellate District carefully applied tort law doctrines regarding negligence, causation, and damages, and specifically explained for uninsured accident victims some of the rules governing the measure and evidence …