| Volume 143 Number 18 |
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The People’s Lawyer’s Tip of the Day
Looking for ways to protect your identity? Two options to consider are fraud alerts and credit freezes. But what’s the difference? Click here for more.
Washington may be the first state to block the bottled water industry
The Washington state legislature is considering a measure that analysts say would effectively shut down the bottled water industry in the state. The measure, which is championed by environmentalists, would block bottled water companies from filling their bottles with water from natural springs. Activists say the use of natural springs by the bottled water industry is putting a strain on water tables and threatening aquatic life. They also charge that these products contribute to plastic pollution. Click here for more.
Your Money
The Bipartisan Budget Act of 2018 introduced a new tax form for seniors effective for 2019 taxes. Known as the 1040-SR, this form is designed to make filing taxes easier for older Americans. As you prepare for taxes this year, start by lining up your age with the available options. If you were born before Jan. 2, 1955, you can fill out Form 1040-SR. The tax form is designed to be easier to fill out than the Form 1040, which is what seniors in the past frequently had to use. Here's why retirees should consider filing the 1040-SR: Click here for more.
For the Lawyers
Third party additional insured bound by policy’s arbitration clause. The California Court of Appeal, Third District, reversed a trial court’s holding that an additional insured was not bound by an arbitration agreement in an insurance policy. The court held that an arbitration agreement in a commercial general liability bound a “third party beneficiary” under the policy that was also “equitably estopped” from avoiding the arbitration clause. The court reversed the trial court, vacated its order denying Philadelphia’s petition to compel arbitration, and directed the trial court to order arbitration of the coverage dispute. The coverage dispute arose out of personal injuries suffered in the parking lot of the Fresno Convention Center during the 2013 Future Farmers of America annual convention. During the event, an attendee tripped over a large pothole in the parking lot of the convention center, hit his head on a car, and suffered serious injuries. The injured attendee sued the City of Fresno as well as SMG. Under California law, “there are six theories by which a nonsignatory may be bound to arbitrate[.]” The court was concerned with two: (1) the intended third-party beneficiary theory, and (2) the equitable estoppel theory. Based upon the facts and circumstances of the case. The court held that SMG was bound to arbitrate its coverage dispute under both theories. Based upon the license agreement (entered into between SMG and FFA) and the policy, the court held that SMG is an intended beneficiary of the policy. And, “SMG’s tender [to Philadelphia] also constitutes a knowing claim of contract benefits, namely defense and indemnity.” Philadelphia Indemnity Insurance Company v. SMG Holdings, Inc., Case No. C082841 Click here for more.