Hermanson sued Century National alleging causes of action for 1) breach of contract, 2) breach of the implied covenant of good faith and fair dealing, and 3) unfair claims practices (pursuant to NRS 686A.310) for its failure to defend and indemnify him in relation to an underlying lawsuit. Century National removed the case to federal court and asserted a counterclaim for declaratory relief. 

In Arizona, plaintiffs will often file coverage and bad faith matters in state court. Defendant insurers then typically seek to remove those matters to federal court, which is generally considered a better forum for insurance companies for a variety of reasons. Federal subject matter jurisdiction is almost always asserted through the diversity of citizenship of the parties.

There are two theories of coverage for uninsured/underinsured motorist (UM/UIM) coverage in the U.S.: (1) gap theory and (2) excess theory or floating layer theory. New Mexico is a gap theory jurisdiction with a recent twist.

Paid leave is finally coming to Oregon. In 2019, Oregon Governor Kate Brown signed HB 2005, which laid the groundwork for the establishment of a paid family and medical leave insurance (PFMLI) program for Oregon employees. Paid Leave Oregon, the implementing program, becomes effective January 1, 2023, and will provide employees with paid leave for qualifying purposes as of September 3, 2023.

In response to Russia’s action in the Ukraine conflict, the United States Department of Justice has initiated civil asset forfeiture proceedings with respect to several high-profile assets, including Suleiman Kerimov’s $300-million yacht (see our June 17 alert, “Administration Steps Up Forfeiture Activities Against Foreign-Based Assets of Russian Oligarchs”) – and Roman Abramovich’s Boeing 787–8 and Gulfstream G650ER airplanes (see our August 5 alert, “Biden Administration Uses Export Control Reform Act to Seek Forfeiture of Russian Oligarchs’ Foreign-Based Assets”).