The California Court of Appeal affirmed the trial court’s decision that the defending insurer was not entitled to reimbursement of defense costs from another insurer based upon a subcontract and additional insured endorsement. Zurich Am. Ins. Co. v.
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CA9: "Traditional common law rule" That Utilities Bear The Cost Of Relocating From Public Right-of-Way Isn't A Taking
Here’s one about Lucas “background principles” of property law, or maybe the Supreme Court’s current focus on “history and tradition” when it comes to defining private property for purposes of the Takings Clause.
In So. Cal.
Thursday Round Up: Pretextual Takings, Squatting, Unconstitutional Conditions
Here’s what we’re reading today:
- Michael Berger, “Is a taking based on pretext constitutional?,” Daily Journal (a take on the Second Circuit’s recent decision holding that a property owner could not assert a pretext claim where the allegedly
CA1: No Taking When State Banned Possession Of Big Scary Gun Magazines
There’s a lot going on in the U.S. Court of Appeals for the First Circuit’s opinion in Ocean State Tactical, LLC v. Rhode Island, No. 23-1072 (Mar. 7, 2024), involving a challenge to a Rhode Island statute outlawing possession
Insurer Wrongfully Denies Coverage When Household Member Fails to Submit to EUO
The court determined that coverage for a loss by fire could not be denied when the insured’s son failed to appear for a examination under oath (EUO). Adekola v. Allstate Vehicle & Prop. Ins. Co., 2024 U.S. Dist.
Vermont: It Doesn't Matter If Property Owner Realizes That Cashing A Check For Estimated Compensation Waives Public Use Challenge
Under many (most?) state eminent domain schemes, if a property owner withdraws the condemnor’s deposit prior to the judgment of condemnation, the owner waives — or, more technically, forfeits — the ability to challenge public use and necessity.
Vermont is
Parents’ Failure to Pay Auto Insurance Premium Does Not Cancel Policy for Adult Child Who Never Received Notice
The California Court of Appeal held that because the insurer failed to send a cancellation notice to the adult child named in the auto policy as an insured, the policy remained in effect when the child was involved
NY App Div: Yes, We Previously Said This Taking Wasn't For A Public Use, But Now The Condemnor Has A Plan
The New York Supreme Court Appellate Division’s opinion in HBC Victor LLC v. Town of Victor, No. 23-01347 (Mar. 22, 2024) marks the second time the issue of whether the Town can seize HBC’s property by eminent domain.
The
Today Is Hawaii's Secular Good Friday Holiday – What's Up With That?
Even if the world were open today, the doors to most Hawaii state, county, and city offices would still be locked. Because Friday, March 29, 2024 7 is the day that Hawaii celebrates Good Friday.
Yes, Good Friday is
Fifth Circuit Reverses Summary Judgment Awarded to Insurer on Cyber Risk Claim
The Fifth Circuit reversed the district court’s grant of summary judgment in favor of the insurer on a cyber risk claim. Southwest Airlines Co. v. Liberty Ins. Underwriters, Inc., 2024 U.S. App. LEXIS 996 (5th Cir. Jan. 16,