A Message To Our Motor Carrier Clients

August 19th, 2015/By Admin/In Blog

If you have not already received a notification, you may soon receive correspondence from California’s Air Resources Board requesting proof of compliance with its “Lo NOx Reflash Program.” This program, instituted as a result of “Heavy-Duty Diesel Engine Software Upgrade (Chip Reflash)” regulations which went into effect on March 21, 2005, requires owners of certain heavy-duty diesel trucks, school, transit and tour buses and motor homes operating in California, regardless of their state of registration, to upgrade computer software to better control NOx, smog producing emissions. This applies to vehicles the engines of which were manufactured between 1993-1998 by Caterpiller, More

A Case In Review: Transportation Insurance Company v. Regency Roofing Companies, Inc.

August 19th, 2015/By Admin/In Blog

In this case, Transportation Insurance Company moved for partial summary judgment on the grounds that it had no duty to defend Regency in a case between it and an individual homeowner (Rhoads).  Rhoads sued Regency for damages for mold injuries arising out of faulty installation of the roof, which caused leakage and flooding problems. Transportation had been providing Regency with a defense in the action since its commencement in January 2002, based on the existence of three primary insurance policies and three umbrella policies, spanning from May 2000 to May 2002. The policies provided that Transportation would pay sums the More

Obvious Standards in Patents; A Supreme Court Review

August 19th, 2015/By Admin/In Blog

A Motion for Summary Judgment in the patent infringement case of Teleflex v. KSR was originally granted, then reversed, and then reviewed by the Supreme Court.  The following are thoughts on the Supreme Court’s ruling as presented by Firm Partner Robert M. Freedman: The issue reviewed by the Supreme Court in this case was whether a patent can be granted, and then infringed upon, if the invention was one that would be an obvious solution for a problem in the marketplace, or known to the design community; and the inventor of the patent used skill and knowledge ordinary to someone More

Lincoln Property Company v. Travelers Indemnity

August 19th, 2015/By Admin/In Blog

The recent decision by the California Court of Appeal, First District, Third Division in the case of Lincoln Property Company v. Travelers Indemnity basically reaffirmed prior California decisions holding that if an insured seeks to file two lawsuits that each involve the same primary right of action against an insurer that the second suit will be dismissed on the ground of res judicata, collateral estoppel, retraxit or another action pending depending on the status of the first action. In this case, the insured was sued by an employee of another company that was injured at a job site. When the 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

Share on Facebook0Tweet about this on TwitterShare on Google+0Share on LinkedIn0
prin icon