Court Discusses Meaning of "Claim," Scope of Dishonest Acts Exclusion and Defense Duties Most professional liability policies contain an exclusion for dishonest acts. Many also include provisions giving the insurer a right, but not a duty, to defend against covered…
On May 17, 2012, the Washington Supreme Court issued two new opinions addressing "ensuing loss" provisions (also known as "resulting loss" provisions), the "efficient proximate cause" rule, and the definition of "collapse" in the first-party property insurance context. Taken together,…
The California Supreme Court's recent decision on mandatory meal breaks leaves employers with three options to comply: provide the break, agree upon a waiver, or let the employee eat "on duty." That may sound simple, but employers should understand the…
Federal law governs countless aspects of the maritime industry. It should come as no surprise then, that vessel logbooks have not escaped government regulation. This article explains some of the laws applicable to official vessel logs and the ramifications of…
Most insurance lawyers will agree that one of the riskiest things a liability insurer can do is reject a tender of defense if there's any chance at all that a defense is owed. In California and most other states, an…
A co-owner (cotenant) of real property cannot acquire title to the entire property by adverse possession absent clear and unequivocal notice to the other cotenants of an intent to remove or "oust" them from the property. Adverse possession is basically…
There is a common misperception that a party who loses at trial can simply file an appeal and get the proverbial "second bite at the apple." In fact, the roles of the trial court and appellate court with respect to…
The beginning of a new year often leads to reflection on events of the past year. Instead of a review of legal developments of 2011, a review of legal developments of 1812 and 1912, namely, 200 and 100 years ago,…
A warranty in a marine insurance policy is a promise by the insured about something that will be done or something that will not be done. It may also be a promise about a particular condition that exists or will…
Seattle has joined San Francisco, Washington D.C., and Connecticut in mandating that employers provide a paid time off benefit for personal illness or a family member's illness. The new Seattle ordinance will affect many employers, including those who have seemingly…