"Collapse" Coverage Ensues from Excluded Perils

By Matthew J. Sekits and P. Jason Skuda, Attorneys, Bullivant Houser Bailey PC In Sprague v. Safeco , an intermediate Washington appellate court recently determined that coverage under all-risk homeowners' policies applied to a "state of collapse" in the insureds' residence based...

California Supreme Court Steps Away from Foster-Gardner Doctrine

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC In a retreat from its 1998 decision in Foster-Gardner, Inc. v. National Union Fire Ins. Co. , 18 Cal.4th 857, [ enhanced version available to lexis.com subscribers ], the California Supreme Court has held that an administrative adjudicative...

Year in Review – Employment Law Changes for Employers in 2010

2010 marked several significant changes to federal and state laws affecting employers. The following are key changes that happened in 2010 in Oregon, Washington, and California and what employers need to do to follow these new laws as well as the recent health care reform legislation. All States...

How to Stay on the NLRB's "Friends" List, by Bullivant Houser Bailey PC

You may recall that last November we told you about the Connecticut employer who faced NLRB charges for firing an employee who posted derogatory comments about the company on Facebook, Employees May Not "Like" You on Facebook, But That's Not Grounds for Termination . Last week, the employer...

Hiring Foreign Workers – At Home and Abroad

As the world economy expands with increasing global connections, we find that more and more of our clients operate in foreign locations or hire foreign workers. There are a number of statutes and rules to be aware of, both on a State and Federal level, when hiring foreign workers. We provide a summary...

Fire Insurance Policy Language Intended to Eliminate Innocent Coinsured Recovery is Unenforceable in California

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC California Supreme Court concludes "any insured" language in intentional conduct exclusion is contrary to statutory fire policy. Last week, California joined a number of other states, including Arizona, Idaho and New York,...

In Nevada, Liability Insurer Cannot Exhaust Policy Before Judgment by Interpleading Funds

By Andrew B. Downs , Partner, Bullivant Houser Bailey PC Last week, the Nevada Supreme Court joined California and some other states in holding that a liability insurer may not interplead its policy limits before a final judgment is entered against the policyholder for the purpose of exhausting its...

California Appellate Court Addresses Professional Liability Coverage Issues

Court Discusses Meaning of "Claim," Scope of Dishonest Acts Exclusion and Defense Duties Most professional liability policies contain an exclusion for dishonest acts. Many also include provisions giving the insurer a right, but not a duty, to defend against covered claims. A recent decision...

Bullivant Houser Bailey PC: "Use it or lose it" principle does not result in partial extinguishment of easement

By Ronald L. Richman An easement is the right to use the land of another. An easement can be acquired by adverse use of another's property or by a grant deed, i.e., when a property owner conveys an easement to another by a deed. Once an easement exists, it cannot be extinguished simply because...

Bullivant Houser Bailey PC: In a Cold Sweat: Last Wishes Must be Considered in Estate Planning

By Darin Christensen The Godfather of Soul, James Brown, lives on in music and culture, but a recent South Carolina Supreme Court ruling is adding estate planning to the legend's history. The Court overturned a settlement reached by the state attorney general, Brown's children, and his "wife...