(Pre-Policy Behavior Is Not a Basis For a Bad Faith Claim) 

(Because Residence Was Vacant For 60 Consecutive Days, Vacancy Exclusion in Property Policy Applied to Bar Coverage of Water Damage Claim Under Policy)

(No Duty to Defend HOA and Property Manager Under Policy Liability and D&O Coverage Parts For Lawsuits Which Failed to Allege Damages and Did Not Include Property Manager as an Additional Insured)

(Landlord Insurer Entitled to Contribution of Defense and Indemnity Costs From Restaurant Insurer Because Underlying Lawsuit Was Related to Use of Premises as Restaurant)

In a decision handed down in mid-October, a California appellate court rejected a plaintiff’s entreaty to create a new maritime remedy. Instead, it adhered to the U.S. Supreme Court’s admonition in The Dutra Group v. Batterton, 139 S.Ct. 2275 (2019) that the courts should defer to Congress in fashioning relief. 

In October 2019, San Francisco Marine & Energy Partner David Russo spoke at the BiLog Conference in La Spezia, Italy about the advent of autonomous and highly automated vessels. Beyond the numerous legal and technical issues raised by the advancement of this technology (discussed in this article), it was noted at the conference that this technology was accelerating. It was expected then that an extended Atlantic voyage would happen in 2020. That has now occurred. 

Recently, the U.S. Coast Guard issued a draft advance notice of proposed rulemaking regarding safety management systems to be required of domestic passenger vessels, including small passenger vessels (Subchapter K vessels). By doing so, the Coast Guard is seeking public comment about the scope, content, cost, and benefits of such a requirement. 

(Questions of Fact Relative to Whether Life Insurer Waived Its Right to Contest Whether Policy Was in Place Required Reversal of Motion For Summary Judgment)