There are some misconceptions about what all-risk hull insurance is intended to cover. It is not a substitute for title insurance. It is not a service contract on a vessel such as might be offered for a household appliance. And,…
In Bird v. Best Plumbing Group, the Washington Supreme Court significantly curtailed insurers' jury trial rights. In the case, a Best Plumbing employee trespassed onto Bird's property, cutting a pressurized sewer pipe, resulting in injury to Bird and his property. Bird later…
Once again, insurers are reminded that California courts may not enforce clear and plain language in their contracts. While California courts frequently recognize that insurance policies are contracts, they also frequently "pick and choose" which rules of contractual interpretation and…
Even if a property owner acquiesces to the placement of a fence encroaching on his or her property, this does not mean the fence becomes the new property boundary line. The California Court of Appeal, in Martin v. Van Bergen (2012) 146…
Effective January 1, 2013, depositions in cases pending in state court in California will be limited to seven hours. On September 17, 2012, Governor Jerry Brown signed Assembly Bill 1875 which adds Section 2025.290 to the Code of Civil Procedure. This new…
It is not unusual for a moving vessel to create a wake, swell, or suction effect that causes damage to moored vessels it passes. And it is commonly thought a vessel is always liable for the effects of its wake…
Attention Property Owners: The owner of real property has the legal burden to protect his or her property against a trespasser trying to establish a prescriptive easement. The California Court of Appeal, Fourth District, in Connelly v. Trabue (2012) 204 Cal. App…
Last week, the California Supreme Court issued its long-awaited ruling in State of California v. Continental Insurance Company, --- P.3d ----, 2012 WL 3206561 (Aug. 9, 2012). The court adopted an "all-sums-with-stacking" allocation rule for determining insurers' indemnification obligations in a general…
Court enforces plain language of Professional Liability Policy issued to Dentist In a well-reasoned and lucid opinion, the Nevada Supreme Court held a professional liability insurer's knowledge that its policyholder dentist had become addicted to cocaine was insufficient to satisfy…
While Hollywood may have glamorized piracy, US courts have had to handle the real effects of the crime. The frequency of pirate attacks on commercial, military and pleasure vessels over the past few years has required US courts to consider…