Gray Matters Winter 2012
February 2012
We again achieved outstanding results for clients in a number of our practice areas. To read more on our recent achievements, please click on the cases below:
Overall, we couldn’t be more proud of the work that our skilled professionals perform on a daily basis for the firm. From an in-depth knowledge of the law, the issues that impact our clients, to the responsiveness and dedication they offer, they are committed to ensuring that our client’s legal experience is a positive one.
On behalf of all of us at Gray·Duffy , we appreciate your business and value our relationship. We look forward to serving you again soon.
We wish you a successful and fulfilling year.
Sincerely,
Gary S. Gray, Managing Partner
Published in Crane Hot Line
In California, property owners and general contractors can shift liability away from themselves for injuries to subcontractor employees through a legal doctrine known as Privette after the landmark 1993 case of the same name. Essentially, what the California Supreme Court found in that case was that, in the absence of affirmative negligence by the owners and/or general contractors which actually caused the injury, the subcontractors are in the best position
to
protect
the welfare of their own
employees through the workers compensation system.
The Role of the Spouse in Mediation
Winston Churchill once said, “My most brilliant achievement was my ability to be able to persuade my wife to marry me.” As much as I agree with him, I never thought I could relate his prophetic statement to the mediation process. But there’s a tool that is available to most mediation processes and is more often than not completely overlooked: The spouse as a decision maker.
Today’s mediation landscape has become increasingly more complex in terms of what it takes to bring a dispute to a reasoned resolution. A mediator’s “bag of tricks” now, more than ever, needs to include every available tool that might be useful in bringing the parties to settlement. A concerned and thoughtful spouse may be such a tool.
Continue reading The Role of the Spouse in Mediation .
| So You Think You Know
The Law…
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| Test your knowledge on issues related to insurance coverage/bad faith by answering the following questions: 1. A general liability insurer’s duty to defend is not only determined by the policy and the allegations in the complaint, but also on facts that are extrinsic to the complaint. (True/False) 2. In a tort action for wrongful denial of policy benefits, an insured may be entitled to its attorneys’ fees incurred to compel payment of benefits due under an insurance policy. (True/False) 3. If a complaint alleges punitive damages, it automatically entitles the insured to appointment of independent counsel. (True/False)
4. If there is a continuous loss, a general liability insurance carrier can reduce its liability by “stacking” deductibles or self-insured retentions (SIRs) under other policies. (True/False)
5. A contribution action between liability insurers should be brought within two years from the date of the plaintiff insurer’s last payment in the underlying lawsuit. (True/False) Please contact Wendy Lin Suh if you have any questions about insurance coverage/bad faith. |
| Firm Announcements
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| Gray·Duffy is pleased to welcome the firm’s new clients: NBIS, Markel Insurance and Gallagher Bassett. NBIS is a Managing General Underwriting Organization specializing in construction and related transport program coverage. Markel Insurance provides property and casualty coverage for specialty insurance products. Gallagher Bassett is the largest property/casualty third-party administrator, offering services in the areas of claims management, information management, medical cost containment and consultative services. View a full list of Gray·Duffy’s representative clients . New Gray·Duffy Website In order to better serve our clients and friends, Gray·Duffy’s website has a new look and feel. Please take a moment to look at our new website . |
Please Note : This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.