In Minnesota, the Commissioner of the Department of Commerce regulates the insurance industry, and he has a statutory right to conduct investigations “related to the duties and responsibilities entrusted to” him. Last month, in Matter of the Petition of the Property Casualty Insurers Association of America, Inc., 41 Minn. State Register 830 (Dec. 7, 2016), the state’s Office of Administrative Hearings took up the question of just what those “duties and responsibilities” ... Keep Reading »
About Barry Leigh Weissman
California Declares New Rules for Assignment of Long Tail Claims
Last week, in a unanimous decision, the Supreme Court of California changed the law governing anti-assignment provisions in liability insurance policies. Twelve years ago, in Henkel Corp. v. Hartford Accident & Indemnity Co., 29 Cal.4th 934 (2003), the court held that such provisions are fully enforceable, until a claim against the insured has been reduced to either a judgment or a settlement. The latest case, Fluor Corporation v. Superior Court, No. S205889 (Cal. ... Keep Reading »
Of Mice and Manpower: Companies That Lease Employees Cannot Be Self-Insured
In the recent California case of Kimco Staffing Services v. The State of California, the Court of Appeals for the 2nd Appellate District agreed with the lower court that staffing services that provide temporary service employees cannot self-insure their workers compensation liabilities. In making this decision, the Court rejected the plaintiff’s arguments that the State’s position of prohibiting self-insurance was a violation of equal protection. This litigation arose ... Keep Reading »