David Binder has secured yet another win in a string of appellate victories! In this case, the plaintiff sued his employer claiming he was terminated for being a whistle-blower, in retaliation for objecting to claimed unlawful acts, and in violation of public policy. After the Trial Court granted the Firm’s defense Motion for Summary Judgment, the plaintiff appealed.
In a unanimous decision, the Second District Court of Appeal affirmed the granting of Summary Judgment giving attorney Binder yet another victory on behalf of an employer client! Read More
August 19th, 2015/By Admin/In Blog
From Dave Stern of West Coast Casualty we learned that the Allstate Insurance Corporation agreed to pay as much as $120 million to settle a class-action lawsuit pending in Los Angeles County Superior Court, brought by its California claims adjusters, who sought back overtime pay, and compensation for meal and rest break violations. The settlement affects Allstate claims adjusters who worked in California from November 27, 1996 to December 31, 2004.
Approximately 2,000 adjusters are eligible to receive payments from $1,000 to $95,000, depending on their length of service and workload. Read More
August 19th, 2015/By Admin/In Blog
The California Court Appeal recently opined that injuries caused by a bus driver’s after-hours attack on a bus passenger do not arise out of the use of the bus for insurance coverage purposes.
In this case, the insured owned and operated a shuttle bus service. When the shuttle bus driver encountered a run-away girl, he offered her a ride to his apartment (on the bus) where he suggested that she stay the night – and promised to drive her to the nearest shelter the next day. Read More
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. Read More
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. Read More
