Emerging Issue – Developing Coverage for Americans With Disabilities Acts Claims

Last week, California's highest court held that a restaurant is liable for an unintentional ADA violation. (Click here for more information on this decision). The decision again raises the issue of insurance coverage for ADA and similar claims. For an article addressing these issues in detail, click here.

By Daniel W. Gerber and Carrie P. Appler



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Courts are getting up to speed quickly on Electronically Stored Information (ESI) maintained by insurance companies

R & R Sails Inc. d/b/a Hobie Cat Co. v. Insurance Company of Pennsylvania, 251 F.R.D. 520 (S.D. Cal. 2008)    

A fire destroyed the plaintiff’s manufacturing plant in Australia. The manufacturer sought in discovery “electronic or handwritten daily activity records/logs which are generally kept with an adjuster’s notes and telephone call records.” At a discovery hearing, the insurer's counsel maintained that “no daily logs or telephone records had been produced to Plaintiff because no daily logs or telephone records were maintained by Defendant’s insurance adjusters.” In response, “[t]he Court expressed skepticism about

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The Growing Potential Of Green Building Coverage Claims

Everyone is going green. The problem is who will pay for failures to meet complaince with new green building standards? The authors examine the potential scenarios that may arise and the potential for insurance coverage related issues.

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By Daniel W. Gerber and Brian R. Biggie



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