Workers’ Comp Executive: Court Limits CDI’s Authority In Contract Disputes

The Fourth District Court of Appeal says the California Department of Insurance’s administrative law judges and Insurance Commissioner Ricardo Lara do not have the authority to decide breach of contract disputes through the administrative hearing process. The decision came in a 12-year-old premium audit case, but observers say the findings apply broadly to the common…

Employers Should Not Wait to Enforce Arbitration Agreements

The recent California Court of Appeal decision in Fleming Distribution Company v. Younan, reminds employers that they must take affirmative steps to invoke the right to arbitration in claims filed in front of the Department of Industrial Relations, Labor Commissioner’s Office or risk a waiver. In Fleming Distribution, the plaintiff filed a complaint with the…

Drew Pomerance Selected to American’s Top 100 Civil Defense Litigators

January 28, 2019 – Roxborough, Pomerance, Nye & Adreani, LLP is pleased and honored to announce that Drew Pomerance has been selected to America’s Top 100 Civil Defense Litigators® for 2019.  Selection to America’s Top 100 Civil Defense Litigators® is by invitation only and is reserved to identify the most exceptional Civil Defense Litigators throughout the nation.  Candidates…

RPNA Obtains Precedential Publication of the Luxor Decision

Another Arbitration Agreement Declared Unenforceable   In a recently published decision, the Court of Appeal refused to enforce the unlawful arbitration clause found in Applied Underwriters’ Reinsurance Participation Agreement (RPA) with Luxor Cabs, one of the oldest cab companies in San Francisco.  The decision, originally filed on December 4, 2018, was certified for publication on January 3, 2019, in response to…

Decision in RPNA’s Case Now Precedent

Applies to All Carrier Agreements In Similar Disputes. The Appellate Court has now published its recent decision in Luxor Cabs, which held that the delegation clause and arbitration provision in Applied Underwriter’s unfiled and unapproved reinsurance participation agreement (RPA) were unenforceable. The implications of this action are significant to California employers. First, now that the…