News & Analysis as of

Damages Insurance Litigation California

Tyson & Mendes LLP

Calculating Past Medicals in California

Tyson & Mendes LLP on

The Third District Court of Appeal in California recently addressed the standard in proving the reasonableness of charges for past medical services within the context of the Hospital Lien Act’s definition of emergency and...more

JUSTICENTER

Auto Accident Litigation in California: A Guide to Maximizing Compensation

JUSTICENTER on

Car accidents can be extremely expensive in terms of medical expenses, property damage, and loss of income. An auto accident can also cause overwhelming physical pain and emotional trauma. You deserve compensation for all the...more

JUSTICENTER

Diminished Value Claims in California: Recovering Losses After a Car Accident

JUSTICENTER on

If your vehicle has been in a car accident, that damage will likely appear in vehicle history reports. Most buyers today use these reports, such as CarFax, to learn more about how the vehicle was used and maintained by...more

Zelle  LLP

The LA Fires Contingent Business Interruption Coverage Considerations

Zelle LLP on

The Los Angeles area fires that started in early January have destroyed thousands of homes and businesses throughout the region. The fires triggered ongoing evacuation orders and warnings as communities coped with dangerous...more

Sheppard Mullin Richter & Hampton LLP

Appraisal of Amount of Loss is a Predicate to Article III, Injury-In-Fact Standing for a Suit Alleging Wrongful Withholding of...

50 Exchange Terrace LLC suffered losses from frozen burst pipes that caused water damage to its property and tendered a claim to its insurer, Mount Vernon Specialty Insurance Company. The parties disputed the cost of repairs...more

Snell & Wilmer

Redefining the Rules: How Audish v. Macias Reshaped Future Medical Expense Claims in California Personal Injury Cases

Snell & Wilmer on

In Audish v. Macias (2024) 102 Cal.App.5th 740, the California Court of Appeal decided a key issue concerning the admissibility of a plaintiff’s future Medicare eligibility in calculating damages for future medical expense...more

Maison Law

Who is Liable for Accidents in Blocked Bike Lanes in California?

Maison Law on

Bike lanes are meant to be a safe way for cyclists to share the road, but unfortunately, they can lead to quite a few accidents. It's fairly common for other vehicles to pull over into a bike lane and end up causing a wreck....more

Snell & Wilmer

After the Fire: Assessing Coverage for Lingering Smoke Damage

Snell & Wilmer on

Insurance is designed to relieve financial strain and provide peace of mind — a contractual promise that when a catastrophe strikes, a policyholder will receive the financial support to rebuild and recover. Unprecedented...more

Farella Braun + Martel LLP

Sometimes, Insurers Want To Settle!

This summary of a recently filed complaint illustrates one of the worst-case scenarios an insured defendant can find itself in: getting slapped with a verdict in excess of your liability insurance limits.  Here, it was an $11...more

Sheppard Mullin Richter & Hampton LLP

Are Third-Party Diminished Value Damages Claims Covered in California?

Auto insurers are often asked by their insureds and third-party claimants to pay for what are known as “diminished value” damages in connection with car accidents. Generally speaking, “diminished value” is the loss of market...more

Sheppard Mullin Richter & Hampton LLP

New Insurance Law: The Extension of California’s “Genuine Dispute” Doctrine to Disputes Over the Value of General Damages In...

One of the most powerful weapons an insurance company can use to defeat a bad faith claim is the “genuine dispute” doctrine. Under this doctrine, as long as there was a genuine dispute regarding coverage or the amount owed,...more

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