A California Court of Appeal has upheld a bad faith verdict against an insurer, finding no error in the trial court's refusal to give certain jury instructions. McCoy v. Progressive West Ins. Co. (2009) (publication pending). The parties agreed that…
The court in MacKinnon embraced the view that the exclusion was intended "primarily to exclude traditional environmental pollution rather than all injuries from toxic pollution." Surveying the legal landscape, the California court found other jurisdictions that had considered the issue…
There has been an increasing trend of companies failing to take note of the importance of periodic maintenance filings with the Trademark Office in order to maintain existing trademark registrations. One recent case illustrates how a faulty trademark maintenance filing…
Major v. Western Home Insurance Company (Cal. Ct. App., 1/6/09) The California Court of Appeal recently affirmed a jury verdict holding a property insurer liable for slightly over $1.3 million, including almost $650,000 in punitive damages. While that decision is…
In one of the first eAlerts of 2009, we examine one of the California Court of Appeals' final opinions of 2008, in which the court held that a professional services exclusion in a CGL policy only applies to bodily injury…
Pacific Maritime Magazine A common misperception in the maritime industry is that a towing company is liable whenever its tow is lost or damaged. In fact, there is no such rule under US law, and diverse parties can share responsibility…
In St. Paul Fire & Marine Insurance Co. v. Onvia, Inc., __ P.3d __, 2008 WL 5006458 (Wash., Nov. 26, 2008), the Washington Supreme Court held that an insured can maintain bad faith and Consumer Protection Act ("CPA") causes of…
The Washington Supreme Court, in Mutual of Enumclaw v. T&G Construction, __ P.3d __, 2008 WL 4670256 (Wash., Oct. 23, 2008), held that, if a coverage question turns upon the same facts at issue in the underlying action, the liability…
The California Court of Appeal again recognized the rare right to an exclusive easement when the exclusive easement is limited to a very small and defined portion of the property subject to the easement and there is a compelling reason…
No Good Deed Goes Unpunished Federal maritime law generally prohibits the defense of "assumption of the risk," on the grounds that comparative fault principles are fairer to both plaintiff and defendant. Nonetheless, California state courts are increasingly imposing California's complicated…