Advocate Sept16 cvr ezine

Articles in this issue:

Questions in coverage: Intentional tort by an employee

Do claims of negligent supervision, hiring, and retention of an employee who commits an intentional tort trigger an occurrence under a standard CGL Policy?


Appellate Reports

[[case]]Baral v. Schnitt[[/case]] substantially broadens the scope of the anti-SLAPP statute by holding that it can be used to attack allegations of constitutionally protected activity


How could this happen in Los Angeles?

A first-person account of the wrongful murder conviction of Ray Jennings, and what it took to free him


Insurance class action: Addressing the defenses

Abstention, Primary Jurisdiction and Exclusive Jurisdiction in insurance class


Water-damage claims: “Sudden and accidental”

Insurers frequently deny such claims, but they have a duty to investigate and identify evidence that supports coverage


The loss-settlement provision in a homeowner’s insurance policy: It matters

A look at claims payments for loss of dwellings and personal property, including calculations for replacement cost, actual-cash-value and depreciation


“Insurance Matters”

Insurance issues find their way into 60% of all California civil suits, in all manner of disputes


Let’s stand with those that stood for us

Supporting VLI is our chance to stand with those who stood for us


Liability of health clubs for failure to use an automated external defibrillator (“AED”)

California mandates that health clubs have the life-saving devices and train employees to use them


Bad faith: Revisiting an insurer’s affirmative duty to settle

Absent a settlement demand, insurers have no duty to present a settlement offer where a verdict is likely to exceed the policy limit


Now you see it, now you don’t

Insurer advertisements and website marketing claims vs. their policies and performance


CAALA’S All-Star Lineup

If you are a CAALA Member, this is a must-read


Five commandments of successful mediation

Five rather simple suggestions for your consideration in all negotiated settlements


CAALA Vegas and civility

Even a Presidential candidate could learn some lessons


Yes, you can mediate bad-faith cases

Understanding the level of misconduct and making an appropriate demand when the case is ripe for settlement