Precedential Decision Voids Reinsurance Participation Agreement. RPNA recently continued its streak of protecting employers from onerous and unfair terms contained in side-agreements that have ensnared unwitting employers over the past few years. On December 17, 2018, the California Department of Insurance issued a precedential decision in favor of RPNA’s client Platinum Security. The decision found…Details
Another Arbitration Agreement Declared Unenforceable. In a decision handed down yesterday, 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. In 2015, RPNA Partners Joseph Gjonola and Nicholas Roxborough filed suit on behalf of Luxor against Applied in San…Details
Precedential Decisions Void More Unfiled Workers’ Comp Side Agreements. In RPNA’s continuing efforts to serve its local and national employer clients, we are proud to have just won two precedential decisions from the California Department of Insurance (CDOI). Both well-reasoned decisions, which are more than 50 pages long, are signed by Insurance Commissioner Dave Jones.Details
RPNA’s Nick Roxborough stated, in a recent WorkCompCentral article, that the California Department of Insurance’s pending rules to establish minimum financial strength requirements for carriers writing large-deductible policies falls short in providing transparency to employers regarding how carriers calculate collateral. To illustrate his point, Roxborough cited the case of one of his clients, Pacific States…Details
Nick Roxborough joined Olvera Street merchants and city officials at a ribbon cutting ceremony on October 25 to celebrate the restoration of the 1932 Olympic Cottage. The historic structure was built to house athletes during the 1932 Olympic Games in Los Angeles and was later donated to Olvera Street in 1933. Roxborough was appointed by Los Angeles Mayor Eric Garcetti and…Details
Nick Roxborough joined other thought leaders and stakeholders at a public hearing in Oakland last week to support a new Medical-Legal Fee Schedule (MLFS) model for Qualified Medical Evaluators (QMEs) that would raise their compensation to an adequate level.
Once again, RPNA is challenging Zurich Insurance Company for subjecting employers to out-of-state arbitrations, over collateralization, and overpayment for coverage due to poor claims handling. In this new case, Zurich increased its collateral requirement more than seven-fold for Pacific States Industries’ (PSI) large deductible workers’ comp program after learning the company was moving its program…Details
RPNA Partner Nick Roxborough—who has been leading the fight against the Division of Workers’ Compensation’s (DWC) underground regulations—will be moderating a panel at the CWC & Risk Conference on Friday, September 7, 2018.
Retailer challenges Consumer Advocacy Group on statute of limitations and lack of evidence. In the closely watched case of Consumer Advocacy Group, Inc. v. National Stores, Inc., the Los Angeles Superior Court last week entered a judgment against Consumer Advocacy Group (CAG), stating it failed to meet its burden of proof, violated the one-year statute…Details
Joseph Gjonola talks about the recent opinion Planned Parenthood Fed’n of Am., Inc. v. Ctr. for Med. Progress (“PPF”) on LAW360 and how it all but gutted California’s anti-SLAPP procedure when it comes to motions filed in federal court.
When Daily Journal reporter Melanie Brisbon needed an expert to comment on a recent appellate decision in the case Ryan Smythe v. Uber Technologies Inc., she reached out to RPNA’s Co-Managing Partner Nick Roxborough. In this case, the state appellate court denied Uber’s motion to compel arbitration of an action brought by one of its…Details
In a long awaited landmark ruling, the Supreme Court ruled 5-4 that under the Federal Arbitration Act (“Arbitration Act”) arbitration agreements requiring individualized proceedings, barring the ability of an employee to bring or participate in a class action, must be enforced and neither the Arbitration Act’s saving clause nor the National Labor Relations Act (“NLRA”)…Details