Firm News

TENTH CIRCUIT COURT OF APPEALS FINDS THAT INSURANCE POLICY’S APPRAISAL CLAUSE ALLOWS CAUSATION DETERMINATIONS by Jordan R. Plitt

In BonBeck Parker, LLC v. Travelers Indemnity Co. of America, 14 F.4th 1169 (10th Circ. 2021) the Court held that the Travelers’ policy permitted either party to request an appraisal on “the amount of loss,” which was a phrase with an ordinary meaning in the insurance...

CALIFORNIA COURT OF APPEALS REFUSES TO EXPAND THE TRIGGER FOR WHEN “CUMIS” COUNSEL IS REQUIRED UNDER CALIFORNIA CIVIL CODE §2860 by Jordan R. Plitt

Under California Civil Code §2860 (hereafter, “§2860”), insureds have a right to obtain independent counsel at the insurer’s expense whenever there are competing interests that create an ethical conflict for the insurer-appointed counsel. Since enactment, the...

STEPPING DOWN INTO FELONY FLIGHT

Recently, the South Carolina Supreme Court held that a “step-down” clause within an automobile liability policy was void.  In Nationwide Mutual Fire Insurance Co. v. Walls, _____ S.E.2d _____, 2021 WL 908511 (S.C. 2021) the insured was in the process of committing a...

Step Down For Crime

The South Carolina Supreme Court recently considered an automobile policy stepdown clause in relationship to criminal misconduct.  In Nationwide Mutual Fire Insurance Co. v. Walls, 433 S.C. 206, 858 S.E.2d 150 (S.C. 2021) an automobile accident occurred as a result of...

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