Business Law

Business Law Annual Review ISSUE 1, 2024 (ANNUAL REVIEW)


Written by Emily Cuatto and Rebecca Marcyes*

The following published decisions from the California Supreme Court, California courts of appeal, and Ninth Circuit may be of interest to California insurance law practitioners.

In Ernst and Haas Management Co., Inc. v. Hiscox, Inc., 23 F.4th 1195 (9th Cir. 2022), the Ninth Circuit held that a company was entitled to coverage under its commercial crime insurance policy for a company employee’s issuance of two $50,000 wire transfers in response to fraudulent emails that appeared to be from the company’s managing broker.

In State Farm Mutual Automobile Insurance v. Robinson, 76 Cal. App. 5th 276 (2022), the court of appeal (First Dist., Div. One) held that writ relief is the only way to obtain appellate review of an erroneous trial court discovery order in an uninsured motorist arbitration proceeding. Even though such relief is discretionary, the possibility of such relief provides greater protection for the parties than exists in ordinary arbitration proceedings, in which such errors are entirely unreviewable absent the grounds identified in California Code of Civil Procedure section 1286.2.

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