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Commentary on California insurance law, coverage disputes and litigation developments.
Examinations Under Oath in California Insurance Claims: What Insureds and Insurers Need to Know
Under California law, an insured's duty to submit to an Examination Under Oath (EUO) and provide requested documentation in first-party property and auto insurance claims is a condition precedent to coverage — not merely a procedural formality. Refusal to comply constitutes a material breach of the insurance contract that forfeits the insured's right to recover policy benefits, and California courts do not require the insurer to demonstrate independent prejudice when an insured refuses to submit to an EUO. These obligations are grounded in both statute and contract, and are balanced by important procedural protections for the insured.
ReadCalifornia’s New Limit on Workers’ Compensation Liens in Third-Party Claims
For most employees, there is no fixed percentage cap: the entire settlement may be subject to the employer’s reimbursement claim, although reasonable litigation expenses and attorney fees may receive priority under Labor Code section 3860. Effective January 1, 2026, Senate Bill 487 created an important exception for certain public-safety employees.
ReadWhen an HOA Demands a Special Assessment After a Wildfire: Key Coverage Issues for Carriers and Coverage Counsel in California
The California wildfire crisis has created a familiar and increasingly expensive post-loss scenario: the homeowners association suffers catastrophic damage, the association’s master policy proves inadequate, delayed, limited, or burdened by a substantial deductible, and the board turns to the member
ReadCalifornia’s 2026 Insurance Reforms: Key Coverage and Claims Implications for Carriers, FAIR Plan Stakeholders, and Coverage Counsel
California’s 2026 Insurance Reforms: Key Coverage and Claims Implications for Carriers, FAIR Plan Stakeholders, and Coverage Counsel California’s 2026 insurance reforms mark another significant development in the state’s continuing effort to respond to instability in the property insurance market,
ReadHowell v. Hamilton Meats: A Comprehensive Analysis of Developments in California Law
The California Supreme Court's decision in Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 has had a lasting impact on personal injury law, particularly in the area of medical expense damages. This article provides a detailed analysis of the decision, examining its conseque
ReadTendering a Claim Before Requesting Declaratory Relief: A California Perspective
In the world of insurance defense litigation, the nuances of when and how an insured must tender a claim or an insurer may request declaratory relief can have substantial implications. Understanding the complexities of these actions is essential for insurers, insureds, and legal professionals engage
ReadUnderstanding the Genuine Dispute Doctrine: A Cornerstone of Insurance Coverage
The "genuine dispute doctrine" is a fundamental concept in insurance law that is often pivotal in the defense of insurance claims. This doctrine posits that a genuine dispute between an insurer and an insured over the legitimacy or value of a claim shields the insurer from bad faith liabi
ReadLitigation After The Death Of A Defendant In A Personal Injury Lawsuit
When a defendant dies during litigation, there are specific procedural requirements that allow a plaintiff to continue the case. Specifically, when a defendant dies while a personal injury lawsuit is pending, the Plaintiff must choose to proceed under one of two methods. One of the two ways a plaint
ReadNew Requirements for Creating Enforceable Settlement Agreements in Negotiation and Mediation
A recently amended version of Code of Civil Procedure Section 664.6 establishes new requirements for creating a settlement agreement in negotiation or mediation that is enforceable as a judgment. This new statute is important for all individuals participating in mediation. &n
Read“Reasonable Value” After Pebley
“Reasonable Value” After Pebley By Douglas J. Petkoff, Esq. Nearly two years ago, in the case Pebley v. Santa Clara Organics, LLC (2018) 22 Cal.App.5t 1266, the sixth division of the Second Appellate District upended, to the chagrin of personal injury defendants, and to the joy of pe
ReadAsking the Right Questions
Depositions are often a crucial part of any case. The success of a case, the ability to uncover additional information to help your case, and the discovery of information that will support impeachment at trial, often rises and falls with a deposition. While most deposit
ReadWinning from the Beginning—How an Adjuster Can Avoid Liability In A Bad Faith Lawsuit
A Washington appellate court recently sent shockwaves through the insurance industry by holding that an insurance adjuster can be sued in their individual capacity in a bad faith lawsuit. In Keodalah v. Allstate Ins. Co ., (2018) 413 P.3d 1059, Division One of the appellate court declar
ReadBuilding on Howell v. Hamilton Meats
Pebley v. Santa Clara Organics, LLC (2018) 22 Cal. App. 5th 1266 has provided further clarification to litigants seeking medical special damages based on unpaid medical bills obtained from providers outside of his/her health insurance plan. Plaintiff Dave Pebley was injured in a motor vehicle acc
ReadEDR Data In Modern Litigation
Since 1994, the prevalence of vehicle Electronic Data Recorders has risen dramatically. Nearly all mass produced vehicles sold on the United States have at least one Electronic Data Recorder (“EDR”) and oftentimes have numerous additional module storing similar data. Pre-Crash data points are volum
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