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…Details
Dozens of Cases Against Applied Underwriters Pending. The California Department of Insurance (CDI) just handed down two more decisions within days following its precedential decision in favor of RPNA’s client Platinum Security. These cases address the same issues that the CDI had ruled on more than two years ago, which ended the dispute over the…Details
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 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
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