Bad Faith Claim Defeated!

August 11th, 2015/By Admin/In Bad Faith and Coverage, Firm News, Firm News, Locations, Los Angeles, Transportation Law

Tharpe & Howell’s Bad Faith Team successfully defended a nationally recognized insurance carrier in a bad faith action stemming from a claim for theft of a tractor. In this case, the insured made a claim under a commercial vehicle policy for the theft of his Freightliner tractor. In response to the claim, the insurer denied coverage on the basis that the insured’s independent insurance broker failed to properly apply for theft coverage on the insured’s tractor.  As a consequence, the policy did not list the tractor as a vehicle for which theft coverage was provided. According to the insured’s wife More

California Supreme Court Upholds Policy Exclusion for Landslide Damages

August 10th, 2015/By Admin/In Blog

An article in the Insurance Insider stated that “the Supreme Court of California recently upheld the application of a weather conditions exclusion within an ‘open peril’ homeowners insurance policy, denying coverage for damages arising from a rain-induced landslide.  This dispute originated when a homeowner filed a claim with his insurer for damages caused when a tree crashed into his house as a result of a nearby landslide. Upon investigation of the claim, the insurer denied coverage finding that weather conditions, primarily heavy rainfall, brought about the damage to the property. The policy in question contained a ‘weather conditions’ clause, which More

California Supreme Court Sides With Firm’s Store Owner Client

August 08th, 2015/By Admin/In Appellate and Writs, Business/Intellectual Property Law, Firm News, General Litigation, Locations, Los Angeles

The California Supreme Court denied a Petition for Review brought by an adversary plaintiff, challenging a California Court of Appeal decision to issue a Peremptory Writ of Mandate directing the Trial Court to set aside its order denying a Motion for Summary Judgment (“MSJ”) filed by the Firm on behalf of a store owner client. In this case, plaintiff sought to hold the Firm’s store owner client liable in negligence for loss of property as a result of plaintiff’s claim that while shopping at the client’s store, her wallet was stolen by an unidentified Hispanic male and an unidentified Hispanic More

California Strengthens Teen Driver Laws

August 01st, 2015/By Admin/In Blog

A recent article posted by Claimsguides.com notes that California is trying to reduce the number of accidents on State highways by tightening its teen driver laws. The article states “California has strengthened its laws for teenage drivers to reduce the number of injuries and fatalities on state roadways. The American Insurance Association (AIA) has commended Californians for the decision. According to AIA, California has one of the strongest graduated driver licensing laws in the nation. A new evaluation of that licensing program by the Insurance Institute for Highway Safety (IIHS) finds a 23 percent overall reduction in per-capita crash involvement More

California Cracks-Down On Uninsured Motorists

July 19th, 2015/By Admin/In Blog

California is ramping up its efforts to crack down on uninsured drivers and has sent more than 180,000 letters in the last two months to car owners warning them their auto registrations may be suspended if they cannot prove they have insurance. An article posted by Claimsguides.com states: “The notices follow authorization by the Legislature on Oct. 1 for the Department of Motor Vehicles to begin a systematic review of 22.4 million private vehicles registered in the State. As part of the review, the DMV is checking its records of registered car owners against an electronic database of insured vehicles More

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