NewsSeptember 19, 2012
Insurers’ Duty to Settle in California Expanded by Ninth Circuit
Construing California law, the Ninth Circuit held "an insurer has a duty to effectuate settlement where liability is reasonably clear, even in the absence of a settlement demand.
" Du v. Allstate”(2012) 681 F.3d 1118, 1123. An insurer that fails to comply with this standard maybe found to have violated its duty of good faith and fair dealing, notwithstanding a good faith belief that the claim is not covered under the insured's liability policy and that a judgment may be obtained against the insured in excess of the policy limits.
March 08, 2012
In the case of Christos Catsouras v. Department of the California Highway Patrol, the Fourth Appellate District determined that the officers owed the family a duty of care, which was breached when they emailed the photographs to family and friends. The Supreme Court further stated that it was foreseeable that the family of a decapitated teenager would suffer emotional harm upon seeing the photographs of her remains across the Internet. In addition, the Supreme Court rejected the CHP’s argument that it was not foreseeable the images would be forwarded and widely disseminated on thousands of sites.
Click here to download and read the case
note: Adobe reader is required to view the PDF. Download it here.
September 19, 2011
New website has launched! Standby for further updates and notifications.