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March 16, 2020 Class Actions

Coronavirus Consumer Protection Class Action: First Up – Germ-X

In what will likely be the first of many consumer protection lawsuits involving the Coronavirus (COVID-19), a group of California consumers filed a federal class action complaint alleging Vi-Jon, Inc. falsely advertised, marketed, and sold its Germ-X brand hand sanitizers as being able to prevent viruses, including COVID-19. As the COVID-19 pandemic grows in size and scope, consumers are gravitating to products to provide some degree of security and comfort. In light of the CDC’s recommendations to use hand sanitizer to prevent the spread of …

March 4, 2020 CCPA

Part 5: A Game of “Who’s Who” Under the CCPA

This is our fifth blog post in a multi-part series addressing what insurers need to know about the California Consumer Privacy Act (CCPA). This post focuses on the differences between data collectors, service providers, and third parties. We also discuss data brokers and their specific obligations under the CCPA. While this post does not require any background on the CCPA, if you would like the benefit of our preliminary discussions before diving into this post we invite you to start with Part 1: The California …

December 3, 2019 CCPA

Part 4: Privacy Policy Requirements Under the CCPA

This is our fourth blog post in a multi-part series addressing what insurers need to know about the California Consumer Privacy Act (CCPA). This post focuses on a business’ obligations when it comes to their privacy policy, such as including and disclosing certain information regarding consumers’ rights. While this post does not require any background on the CCPA, if you would like the benefit of our preliminary discussions before diving into this post we invite you to start with Part 1: The California Consumer Privacy …

October 11, 2019 General / Uncategorized

Washington State Supreme Court Holds That Insurance Adjusters Cannot Be Liable for Bad Faith

In a highly anticipated decision, the Supreme Court of Washington closed the door on statutory bad faith claims against insurer-employed adjusters. The case is Moun Keodalah and Aung Keodala v. Allstate Insurance Company, Tracey Smith., and John Doe Smith, — P.3d – (2019, 2019 WL 4877438 (Wash. Oct. 3, 2019).

The case arose out of a 2007 accident, when an uninsured motorcyclist struck the plaintiff’s truck, killing the motorcyclist and injuring the plaintiff. The police investigated the collision and determined the motorcyclist had …

October 1, 2019 CCPA

Part 3: Coverage Considerations Under CGL Policies for CCPA Violations

This blog post is our third in a multi-part series addressing what insurers need to know about the California Consumer Privacy Act (CCPA).

Imagine this: You own a successful string of sporting goods stores across California. Not only do you sell goods directly, but you also finance large purchases to well-qualified buyers and have a generous rewards program.

When customers log in to your website, you gather personal information (e.g., name, email address, cell number, etc.). In order to participate in the rewards …

September 18, 2019 Uncategorized

Insurer Entitled to Reimbursement for Defense Costs Prohibited by Statute

In October 2017, the California Attorney General (AG) filed a complaint against Adir, doing business as department store chain Curacao, and its CEO under the state’s Unfair Competition Law (UCL) and False Advertising Law (FAL).[1]

Adir presented a claim based on the AG’s action under a directors and officers liability policy issued by Starr Indemnity and Liability Company. Starr initially denied coverage, but after receiving a letter from Adir, Starr agreed to provide a defense, subject to a reservation of rights. Starr later received …

August 14, 2019 CCPA

Part 2: Insurance Company Compliance with the CCPA as Businesses

This blog post is our second post in a multi-part series addressing what insurers need to know about the California Consumer Privacy Act (CCPA). This post focuses on insurers’ compliance obligations under the CCPA. If you would benefit from a background discussion on the CCPA, please visit our first post in this series entitled “Part 1: The California Consumer Privacy Act – What Insurers Need to Know.”

The CCPA applies to insurers to the extent they qualify as “businesses” that “collect or determine …

July 22, 2019 Cyberinsurance

What Is Modern Warfare? Ninth Circuit Rules War Exclusions Do Not Preclude Coverage for First Party Loss Caused by Hamas Rocket Attacks

On July 12, 2019, the Ninth Circuit Court of Appeals found two “war” exclusions inapplicable, under California law, to a loss caused by 2014 hostilities between Israel and Hamas. Universal Cable Productions, LLC v. Atlantic Specialty Insurance Co., No. 17-56672, 2019 WL 3049034 (July 12, 2019). In doing so, the court overturned the Central District of California’s award of summary judgment in favor of Atlantic Specialty Insurance Company.

The parties’ dispute arose out of Atlantic’s refusal to indemnify Universal for costs associated with Universal’s …

May 16, 2019 Uncategorized

Climate Change Litigation: Where Are the Coverage Suits?

There is an interesting question surrounding the present generation of climate change lawsuits currently working their way through the court system. Specifically, where are the duty to defend actions related to these suits?

Background

By way of background, there are two types of climate change lawsuits currently working their way through the courts:

Those filed by government entities that seek to hold energy companies responsible for the costs that government entities are forced to expend in adapting to climate change, and which could be susceptible

December 14, 2018 General

The Insurance & Reinsurance Report: Year in Review — Why We Think It’s the Best Legal News Blog of 2018

Goldberg Segalla’s Insurance and Reinsurance Report is in the running for The Expert Institute’s Best Legal News Blog of 2018. Fans and readers of the Report and others who stay abreast of developments in the legal blogosphere are invited to vote for the best legal news blog through the following link:

https://www.theexpertinstitute.com/legal-blog/the-insurance-reinsurance-report/

Honored to be in the running and by the support we’ve seen thus far, we took this opportunity to reflect on some of the Insurance and Reinsurance Report’s most notable accomplishments of 2018.…