Publications

California Court of Appeals Clarifies Carrier's Duty to Settle

Winter 2013 Blog

Published in the ABTL Report, Vol. 22, No. 3, Winter 2013.

Insurers and insureds have long disagreed whether an insurer’s duty to settle is limited to the duty to accept a reasonable settlement offer made by a plaintiff, or whether the insurer has a duty to affirmatively seek a settlement within limits.  This issue was recently addressed in Reid v Mercury Insurance Co., 220 Cal.App.4th 262 (2013).  In Reid, the insurer recognized shortly after the accident that the exposure exceeded the $100,000 policy limits, but decided it needed a witness interview and the claimant’s medical records before making a policy limits offer.  It requested this information, but didn’t tell the claimant it was considering a policy limits offer.  While the claimant later testified he would have accepted $100,000 to settle at that time, his counsel did not make a policy limits demand.  A few months later, after getting the medical information, the insurer offered policy limits,  which the claimant promptly rejected. The matter went to trial and judgment was entered for $5.9 million, forcing the insured into bankruptcy.  

Read full article

Firm Highlights

News

Farella Braun + Martel Ranked in Chambers High Net Worth 2024

Farella Braun + Martel is pleased to announce that our Private Client Industry Group and Family Wealth Partner Mark Weaver were recognized in Chambers High Net Worth  2024 in the Private Wealth Law in...

Read More
Event

17th Annual Santa Fe Advanced Conference: Natural Resource Damages

Farella Braun + Martel is a sponsor of the Law Seminars and Internationals' 17th Annual "Santa Fe" Advanced Conference on Natural Resource Damages.  Sarah Bell, a program co-chair, will participate on two panels: "Best...

Read More
Publication

PAGA Amendments: A Reprieve for Employers Proactively Addressing Labor Code Violations, but Ambiguities Remain

On July 1, 2024, California Governor Gavin Newsom signed into law a package of reforms to the Private Attorneys General Act (“PAGA”), a statute that has created headaches for employers and driven up wage...

Read More
Event

17th Annual Santa Fe Advanced Conference on Natural Resource Damages

Farella Braun + Martel is a sponsor of the Law Seminars and Internationals' 17th Annual "Santa Fe" Advanced Conference on Natural Resource Damages.  Christopher Rendall-Jackson will participate on a panel titled "The Latest on the...

Read More
News

Farella Lawyers Recognized as 2024 IP STARS by Managing Intellectual Property

Farella Braun + Martel is pleased to announce that  Managing Intellectual Property has recognized partners Daniel Callaway , James Day , Jeffrey Fisher , Winston Liaw , and Eugene Mar in the 2024 edition of...

Read More
Publication

Expedited Review of IRS Applications for Recognition of Exempt Status

Welcome to  EO Radio Show - Your Nonprofit Legal Resource .  In Episode 87, Cynthia Rowland covers the rules that apply to a new charitable organization that wants expedited review of its application for...

Read More
Publication

REFRESH: Nonprofit Basics: Overview of Nonprofit Charitable Organization Types: Corporation, LLC, Trust, Association and Fiscal Sponsorship

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . For the next few weeks, we refresh several of the show's earliest episodes. During these dog days of summer, it’s a good time...

Read More
Publication

Nonprofit Quick Tip: State Filings in New Mexico and Utah

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . This is the 13th in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. In an earlier...

Read More
News

Farella Braun + Martel Attorneys Named to 2024 Northern California Super Lawyers and Rising Stars

Thirty-four Farella Braun + Martel lawyers were named to the Super Lawyers and Rising Stars lists of top attorneys in Northern California for 2024. 2024 Farella Northern California  Super Lawyers: Amy Briggs – Business...

Read More
Event

CEQA Decoded: Air Quality Analysis for Bay Area Projects

CJ Higley and Don Sobelman with guest speakers Sarah Manzano with Ramboll and Josh Pollak with City and County of San Francisco Planning Department discuss "CEQA Decoded: Air Quality Analysis for Bay Area Projects."  Join...

Read More