Greenan, Peffer, Sallander & Lally LLP’s Post

The Oregon Supreme Court issued an important decision just before the new year that strengthens policyholder protections in that state, see analysis below. While it's become common for courts to limit consumer/private enforcement of unfair claim practice statutes and regulations and assert that government agencies alone should have that exclusive right, there is ample data to suggest otherwise. Private enforcement of those laws is critical to deterring and remedying unfair insurance practices and supplementing the limited resources of government agencies. United Policyholders (UP) thanks Seth Row, Jodi Green and Iván Resendiz Gutierrez for preparing and filing our amicus brief and contributing to a pro-policyholder decision. https://lnkd.in/gqmPhG4s

What Is the Collateral Source Rule in Virginia The collateral source rule is a legal principle that has been a subject of debate and interpretation in various states across the United States. In essence, it is a legal doctrine that addresses how damages are calculated and awarded in personal injury cases when the injured party has received compensation or benefits from sources other than the defendant, such as insurance or government programs. #virginiabeachpersonalinjurylawyer

The California Court of Appeals revisited the question of what alleged conduct is “wilful” and subject to California Insurance Code section 533 in City of Whittier v. Everest Nat’l Ins. Co., 97 Cal.App.5th 895 (2023). Plaintiffs alleged the Whittier Police Department retaliated against those who refused to participate in and/or reported the unlawful citation and arrest quota, retaliation proscribed by Cal. Labor Code section 1102.5. The court held Cal. Ins. Code section 533, which bars indemnity for "wilful" conduct, did not bar indemnity for a settlement of that claim because the insured was potentially liable for retaliation that was not a wilful violation of section 1102.5. The dispositive question appears to be whether an insured may be liable if the insured’s acts were not inherently harmful or intentionally wrongful. Cal. Ins. Code section 533 only bars indemnity for damages because of inherently harmful or intentionally wrongful acts. The decision is discussed with more particulars on our website, (but in too many words to post on Linked In), at the link below: https://lnkd.in/epxPuaKh

Progress is being made to combat legal system abuse, thanks to efforts by legislators -- well reported here by Insurance Insider US. American consumers want legislators to take action! Learn more from this survey from Munich Re and APCIA: https://lnkd.in/eNzzpwPW. #insurance #reinsurance #riskmitigation

Policyholders can use the doctrines of estoppel and waiver to allow, extend, or even create coverage. Jason Kosek and Seán McCabe, joined by Michael Aylward, will analyze and explain critical estoppel and waiver issues for policyholders and insurance companies, as well as the conflicting court rulings that influence this area of law. Join us on March 25th from 1:00pm-2:30pm EDT. Click the link below to register today and learn more about this CLE webinar. #insurancelaw #policyholders #policyholder #insurancelitigation

Tenant discrimination poses significant risks to finances and reputation in the housing industry. Our blog delves into the crucial role of tenant discrimination insurance in safeguarding housing organizations. Discover clear benefits, from ensuring legal compliance to providing financial protection and managing reputation effectively. #FairHousing #RiskManagement #TenantDiscriminationInsurance #CommunityImpact

Tenant discrimination poses significant risks to finances and reputation in the housing industry. Our blog delves into the crucial role of tenant discrimination insurance in safeguarding housing organizations. Discover clear benefits, from ensuring legal compliance to providing financial protection and managing reputation effectively. #FairHousing #RiskManagement #TenantDiscriminationInsurance #CommunityImpact

Today's #FMG blog discusses the Ohio Second District Court of Appeals' recent overturning of a trial court's prior discovery order which had directed State Farm to disclose certain content of its claim file in a case involving an uninsured motorist. Click below to read the full blog authored by Doug Holthus and Will H.. #FMGlaw #insurance #insurancelaw #Ohiolaw #insuranceclaims

Read the latest case alert from Janeen M. Thomas on the Scott Fetzer Co. v. Am. Home Assurance Co., Inc. case from the Ohio Supreme Court. Janeen explains how the Court examined the Restatement (Second) Conflict of Laws in an insurance bad faith claim on which states’ laws controls a discovery dispute over materials covered by attorney-client privilege. The Court analyzes the classification of bad faith claims as either “in contract” or “in tort” which determines what Restatement section applies. Check out the case alert here. #SDVLaw #BadFaith #Insurance #Policyholders

"Defendant representatives, meanwhile, say there is extra incentive to load up claims with non-whiplash injuries as they are not subject to a fixed tariff. The result, they add, has been that the claims industry has continued to thrive. ‘Claims for treatment for psychological injury have significantly increased since the whiplash reforms, with warning signs that the increase is bringing with it exaggeration and fraud,’ the Forum of Insurance Lawyers said." ‘Overall, there are concerns that the reforms have not overcome the “squeezed balloon” phenomenon: the concept that when claims and costs are limited in one area, activity switches to another to enable the claims sector to maintain claims volumes and costs.’ https://lnkd.in/eHDieufa