In Lederer v. Gursey Schneider, 22 Cal. App. 5th, 508, 231 Cal.Rptr.3d 508 (2nd Dist. 2018) the issue before the court was when the statute of limitations began to run against an accounting firm that handled the client's insurance needs. It was alleged that the...
Month: July 2018
CALIFORNIA APPELLATE COURT FINDS THAT FEDERAL ARBITRATION ACT DID NOT PREEMPT CALIFORNIA’S STATUTE GOVERNING ARBITRATION PROCEDURE
In Los Angeles Unified School District v. Safety National Casualty Corp., 13 Cal.App. 5th 471, 220 Cal.Rptr.3d 546 (2nd Dist. 2017) the court held that California Code of Civil Procedure §1281.2(c) was not preempted by the Federal Arbitration Act. See 9 U.S.C. §1....
8TH CIRCUIT COURT OF APPEALS, INTERPRETING MINNESOTA LAW, FINDS THAT CARBON MONOXIDE IS A POLLUTANT FOR PURPOSES OF THE APPLICATION OF A POLLUTION EXCLUSION
In Travelers Property Casualty Co. of America v. Klick, 867 F.3d 989 (8th Cir. 2017) the 8th Circuit held, under Minnesota law, that carbon monoxide was a pollutant for purposes of a policy's pollution exclusion. The pollution exclusion in question required the...
ALLOCATING BETWEEN COVERED AND UNCOVERED CLAIMS IN MINNESOTA
The U.S. 8th Circuit Court of Appeals, interpreting Minnesota law, recently determined that the insured had the burden of allocating a settlement between covered and uncovered claims.In United Health Group, Inc. v. Executive Risk Specialty Ins. Co., 870 F.3d 856 (8th...