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
Under the ADA, employers are required to provide reasonable accommodations to qualified individuals with disabilities. Indeed, failure to provide an accommodation is considered a form of disability discrimination and can open the business to potential legal claims. So how do you know when you need to provide such an accommodation?
As we have discussed at length in various blog posts (take a look here and here), maintaining employee handbooks is a critical necessity for businesses operating in the every-changing employment law environment of California. Preparing, maintaining, and updating a handbook that reflects the policies of your company and your operations takes time and expertise, and…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 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.