Firm Partner Timothy Lake was recently appointed by the California State Bar to serve as a member of its Insurance Law Committee. Mr. Lake is Chair of the Firm’s Insurance Bad Faith and Coverage Practice Group and represents various insurance carriers on a broad range of issues involving coverage and related matters. Mr. Lake is also a member of the Claims and Litigation Management Alliance’s Coverage Litigation Committee, and publishes and speaks frequently on insurance coverage issues. Read More
August 19th, 2015/By Admin/In Blog
Effective July 1, 2015, nearly all California employers will be required to provide employees with a minimum of three (3) days of paid sick leave annually. The sick leave may be used for the diagnosis, care or treatment of an existing health condition, or preventive care for an employee or an employee’s family member.
Under the Healthy Workplaces, Healthy Families Act of 2014, employers may either: (A) permit employees to accrue paid sick days at the rate of not less than one (1) hour per every thirty (30) hours worked, beginning from the employee’s date of hire (or July 1, 2015, whichever is later); or (B) provide employees at least 24 hours or three (3) days of paid sick time at the beginning of each year of employment. Read More
August 19th, 2015/By Admin/In Blog
Does One Year Or Three Year Statute Of Limitation Apply?
At the heart of most wage and hour class action lawsuits is the claim that employers failed to provide employees with statutorily required meal and rest periods. When violations occur, employees are entitled to receive one hour of pay for each day that the break is not provided.
Over the past months, employers and employees have fought over the characterization of the additional hour of pay that an employee is entitled to receive when a violation occurs. Read More
Once again – Tharpe & Howell’s Bad Faith Defense Team achieved excellent results for an insurance carrier client when the California Court of Appeal upheld the previous granting of a Motion for Summary Judgment in an action alleging bad faith!
In the underlying case, an insured of Fire Insurance Exchange (the Firm’s client), was sued for an alleged sexually motivated assault and false imprisonment.
In the subsequent bad faith case, the main issue concerned coverage for “false imprisonment” that was keyed to an “occurrence” defined as an “accident.” Read More
August 19th, 2015/By Admin/In Blog
Many of Tharpe & Howell’s clients act as both motor carriers and transportation brokers. When interstate cargo is lost or damaged, the distinction can be critical because a “motor carrier” is subject to the strict liability provisions of the Carmack Amendment (49 U.S.C. Section 14706), while a “broker” is only liable if negligence is proved. There is no rigid test to determine carrier vs. broker status, but the recent decision of the California Court of Appeals provides clarification. Read More
