Montrose Again: California Adopts Vertical Exhaustion Theory of Access to Upper Level Excess Insurance Policies
In the latest iteration of the Montrose Chemical v. Superior Court[1] litigation, the California Supreme Court unanimously adopted the “vertical exhaustion” rule allowing policyholders to tap excess policies after having exhausted the underlying excess policies with lower attachment points in the same policy period. Notably, the case did not determine whether the horizontal exhaustion or
Read MoreCalifornia’s New Workplace & Employment Requirements Due to COVID-19
California employers will have many questions concerning their employment obligations including their ability to maintain and pay current staffing levels in light of Governor Newsom’s March 19, 2020 Executive Order N-33-20 requiring most Californians to stay at home due to the COVID-19 virus. BPH’s Employment Practice Group is ready and available to answer your questions.
Read MoreKeep An Eye Out For ISO Endorsements CG 22 94 And CG 22 95 – Writing Out The Subcontractor Exception To The Completed Work Exclusion
Insurance companies routinely adopt standard insurance endorsements written by The Insurance Services Offices, Inc. (ISO). By using these forms, the insurance companies can save the expense of writing policies and standardized language that is thought to present less risk of adverse interpretation. The CG 20 10 11 85 is one of the most ubiquitous ISO
Read MoreLife After McMillin: Do Negligence and Strict Liability Causes of Action for Construction Defects Still Exist?
The ruling is in but the battle will likely continue over the practical application of SB 800. On January 18, 2018 the California Supreme Court issued its decision in McMillin Albany LLC v. Superior Court, (2018) 4 Cal.5th 241, holding that the statutory prelitigation scheme in The Right to Repair Act (“the Act”) that provides
Read MoreMonster v. Schecter – An Update
In July 2019, the California Supreme Court ruled that an attorney’s signature under the often-used phrase “approved as to form and content” does not preclude a finding that the attorney could be bound to the terms of a settlement agreement. (Monster Energy Co. v. Schechter (2019) 7 Cal.5th 781.) This decision marks a reversal of
Read MoreLiberty Surplus Ins. Corp v. Ledesma & Meyer Construction Co., Inc. (2018)
Deliberate Actions of Employees Do Not Bar General Liability Coverage for Employer’s Liability for Negligent Hiring, Retention, and Supervision. In June 2018, the California Supreme Court, in response to a certified question from the Ninth Circuit, held that deliberate acts of an employee do not bar coverage under general liability policies for an employer’s liability
Read MoreEric Miersma to Present at DRI Trucking Law Seminar
BPH attorney, Eric Miersma, will be giving a presentation titled, “The Amazon Effect: When Plaintiffs Sue More than Just the Motor Carrier” at the upcoming Defense Research Institute’s (DRI) Trucking Law Seminar to be held April 30-May 1, 2020 in Austin, Texas. Increasingly, plaintiffs are not just suing motor carriers and drivers in trucking accident
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