Once upon a time, the California Supreme Court was at the forefront of expanding tort liability. About 30 years ago, things shifted and the court became substantially more balanced, if not defense-oriented. That trend has ended. If those who forget…
The enforceability of anti-stacking clauses in Idaho took a hit in the case of Gearhart v. Mut. of Enumclaw Ins. Co., 2016 WL 4041704 (Idaho July 27, 2016). The dissenting opinion calls the case facts "heartbreaking," which may help explain why…
In many elementary schools, teachers post the motto "Silence is Golden" on the bulletin board to help students remember they should be quiet in class. In the maritime context, however, the motto is best forgotten. Failing to speak in many…
For the past several years, the genuine issue defense – the doctrine that the existence of a genuine issue regarding coverage or the amount due establishes the reasonableness of the insurer's position – has been in decline in California, with…
Insurance carriers are frequently faced with an argument that a duty to defend exists because of the "potential" for indemnity under the insurance policy. This "potential" argument has the potential to broaden coverage under the insurance policy beyond what the…
Most admiralty lawyers learn early in their careers that the federal courts are always supposed to be open even though the sign on the front door says "Mon-Fri 9-5". That is because vessels are not always in port during regular…
My four-year-old son thinks he is Batman. He has both the mask and the Christian Bale dark and brooding attitude when he is in character. He recently climbed on top of a stool and announced that he was going to…
It is spring break in Oregon, which may have some Oregon parents who have to work this week nervous about what their children might do when they are home alone. Thoughts of "Animal House" may come to mind for some.…
The 2016 Oregon legislative (short) session has recently come to an end, and the insurance policyholder advocates attempt to statutorily create insurance bad faith was thwarted. As you may be aware, recoverable damages in an Oregon insurance dispute are generally…
In addition to loss of use damages (Pacific Maritime Magazine November 2015) there are other types of damages in maritime cases that to some are illogical if not unfair. However, when a maritime casualty occurs, they should not be overlooked…