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Washington State Insurance Commissioner Mike Kreidler is advising consumers who are looking for health insurance via a special enrollment or during the upcoming open enrollment to be cautious about health insurance offers. Kreidler’s office and the Washington Health Benefit Exchange are hearing from consumers who have been duped by bogus websites that sell health insurance. Some of these sites are tricking people into sharing their personal information and others are selling plans that do not…
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No Cover for Defense of Criminal Charges Made Years After Claim Made by Prosecutors Appellant Denis M. Field challenged a final summary judgment in favor of dozens of insurers (appellees) in his suit to recover defense costs he incurred in a criminal trial in which he was acquitted. The trial court determined that the costs for which he sought reimbursement were not made in connection with a “claim,” as defined in the policy, during the…
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Latent Defect See the full video at https://youtu.be/fFhppjrhVMU Cases that provide coverage despite an exclusion for latent defects fall generally within two categories. The court determines either that: the defect could have been discovered through appropriate testing and it is therefore not latent; or the loss resulted from a contributory covered risk. “A policy will define latent defect” as “a hidden flaw inherent in the material existing at the time of the original building of…
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California appellate court reviews numerous issues brought by plaintiff in this skier v. skier fatality. Most important issue is the relationship between Assumption of the Risk in California and a Release. Tuttle v. Heavenly Valley, L.P., 2020 Cal. App. Unpub. LEXIS 814, 2020 WL 563604 State: California, Court of Appeal of California, Fourth Appellate District, Division Three Plaintiff: Grant Tuttle et al. Defendant: Heavenly Valley, L.P. Plaintiff Claims: Defendant Defenses: doctrines of primary assumption of…