Easements on real property give someone other than the owner of the property rights related to the property, whether for access, to place things on the property, or otherwise. A recent decision of the California District Court of Appeal illustrates…
On September 2, 2011, the 9th Circuit Court of Appeals issued a memorandum opinion in Cowiche Growers, Inc. v. Continental Casualty Company, U.S. Court of Appeals No. 10-36072 (9th Cir., Sept. 2, 2011) that affirmed a summary judgment the Honorable Rosanna M. Peterson…
This is the last in a multi-part series in which the meaning of some terms commonly used in marine insurance and maritime contracts is explained. Proximate Cause The proximate cause or "efficient proximate cause" is that cause which sets others…
California law prohibits unlicensed contractors from enforcing claims to payment for work done while unlicensed. But, the customer can seek to enforce the construction contract against the unlicensed contractor. In this instance, a California Court of Appeal decided that a consumer…
Following a two-month trial, Safeco Insurance Company of Oregon was awarded $9.977 million on its counterclaim for insurance fraud against a former insured, Sohail Masood. An August 2008 fire destroyed Mr. Masood's West Linn, Oregon house. Shortly after the fire,…
Last week, the Oregon Court of Appeals held that settling insurers were not liable in an action for equitable contribution under ORS 742.061 for attorney fees awarded against non-settling co-insurers. Certain Underwriters v. Mass. Bonding and Ins. Co., 2011 WL…
A California Court of Appeal has held that the release of asbestos in and about a condominium complex during the scraping of acoustical "popcorn" ceiling falls within a property insurance policy's pollution exclusion. Villa Los Alamos Homeowners Assn. v. State Farm…
Last week, the Nevada Supreme Court joined the majority of states, including California, in holding that an insurer who denies coverage based on the policyholder's failure to provide timely notice of the claim must be able to demonstrate both that…
Last week, the Nevada Supreme Court joined California and some other states in holding that a liability insurer may not interplead its policy limits before a final judgment is entered against the policyholder for the purpose of exhausting its policy…
PacMar Magazine This article continues the explanation of some words and phrases commonly found in maritime contracts and marine insurance policies. Jones Act In 1920, Congress enacted the Merchant Marine Act, part of which is known as the Jones Act,…