Litigants have long sought discovery of the invoices and billing records of their opponents' attorneys. It's disruptive. It puts opposing counsel's personal conduct (and financial self-interest) under scrutiny. It can drive a wedge between opposing counsel and his or her…
A casserole is a dish where a variety of ingredients are combined and cooked together. Wikipedia tells us casseroles are a "staple at potlucks and family gatherings." Over the next few weeks of the holiday season, you may find yourself…
Accidents and injuries happen on vessels. Sometimes the vessel owner is to blame for being negligent or having an unseaworthy vessel. However, compensation for an injury on a vessel may be denied if the injured party did not notice or…
Many marine insurance policies contain warranties. A warranty can be described in one word: promise. It can be a promise by the insured that he will do something. It can be a promise by the insured that he will not…
Once upon a time, the California Supreme Court was at the forefront of expanding tort liability. About 30 years ago, things shifted and the court became substantially more balanced, if not defense-oriented. That trend has ended. If those who forget…
The enforceability of anti-stacking clauses in Idaho took a hit in the case of Gearhart v. Mut. of Enumclaw Ins. Co., 2016 WL 4041704 (Idaho July 27, 2016). The dissenting opinion calls the case facts "heartbreaking," which may help explain why…
Wednesday, July 13, 2016 DRI The Voice Jeanne Loftis obtained summary judgment dismissing a $10.5 million asbestos litigation claim targeting their client, a building materials distributor. The plaintiff alleged exposure to asbestos from a joint compound supplied by the distributor while working as…
In many elementary schools, teachers post the motto "Silence is Golden" on the bulletin board to help students remember they should be quiet in class. In the maritime context, however, the motto is best forgotten. Failing to speak in many…
For the past several years, the genuine issue defense – the doctrine that the existence of a genuine issue regarding coverage or the amount due establishes the reasonableness of the insurer's position – has been in decline in California, with…
Insurance carriers are frequently faced with an argument that a duty to defend exists because of the "potential" for indemnity under the insurance policy. This "potential" argument has the potential to broaden coverage under the insurance policy beyond what the…