In what should have been an ordinary coverage dispute the California First District Court of Appeal in Bock v. Hansen, 225 Cal. App. 4th 215 (2014) has attracted considerable commentary by authorizing the plaintiff husband and wife to sue an individual employee of their home insurer for negligently misstating certain provisions of their policy to them while adjusting their claim. Mostly overlooked in the ensuing discussions of the case has been the fact that the case was settled before the decision was issued. Here the mediator analyzes why it would have been prudent for the court to wait for a similar case that had not settled to issue its ruling and offers suggestions on how, in similar circumstances, counsel can protect settlements at the appellate level from the effects of subsequent court rulings.
- Appellate Practice,
- Insurance Coverage,
- Employee Liablity for Negligence,
- Bock v. Hansen
Available at: http://works.bepress.com/charles_ferguson/1/