Coverage Counsel Is In

Recorded Live at ClaimsXChange in Nashville on April 30, 2025. Joshua Gilliland spoke on Preserving Evidence – The Intent to Deprive with James Daley from Consilio and W. Brett Mason, Esq., from Degan, Blanchard & Nash. The seminar covered the Intent to Deprive under Federal Rule of Civil Procedure Rule Rule 37 and related case law. The session addressed the duty to preserve electronic evidence, strategies and technology for collecting electronically stored information, and the six-factor analysis to show the Intend to Deprive under Rule 37.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

Join Bob Sallander for this except from the Trial Admissibility seminar hosted by the Santa Clara County Bar Association's Civil Practice Committee. Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

Robert Sallander presented at the Santa Clara County Bar Association's Civil Practice Committee's seminar on Trial Admissibility on April 24, 2025. The following is an except from that presentation where Bob discussed the Court of Appeal decision Odom v. L.A. Community College District. Stay tune for other highlights from this seminar on admissibility. Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

California Insurance Bulletin 2025-7 states the position that recent case law does not remove coverage for smoke damage claims. Bob Sallander is highly critical of the bulletin from the office of Insurance Commissioner Ricardo Lara, explaining that Bulletin 2025-7 misstates both Another Planet Entertainment, LLC v. Vigilant Insurance Company (Cal. Supreme Ct., 2024) 15 Cal.5th 1106 and Gharibian v. Wawanesa General Insurance Company (Cal. Ct. of Appeal, 2 nd Dist., Div. 2, 2025)2025 WL 426092. Join Bob Sallander for his summary of case law and how Bulletin 2025-7 is founded upon faulty logic. Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

Robert Sallander discusses the complex litigation against Southern California Edison for the Eaton Wildfire brought by over 100 insurance companies in Los Angeles Superior Court. Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

This week, Bob discusses a recent Ninth Circuit decision that could greatly affect insurance suits resulting from the LA wildfires. Learn why insureds might be in trouble if their cases get removed to federal court. Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

Coverage Position Letters (CPLs) are supposed to be straightforward and informative letters about why a claim may not be covered.  But Bob has noticed that these letters are often overbroad, throwing in everything but the kitchen sink. Actually, a lot of them probably throw that in too, because that leaky sink is not part of the damage they agreed to cover.This week, Bob addresses how insurers can balance clarity in CPLs while still covering their bases on potential defenses. Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

In our discussions of the LA wildfires, we've talked a lot about homes that were destroyed by burning. But what about those impacted by smoke and ash? This week, Bob discusses Gharibian vs. Wawanesa Gen. Ins. Company, a recent case addressing this issue, and how to stand the best chance of being compensated for potential damage from smoke, ash, and soot.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

The LA Department of Water and Power is spending a pretty penny on a law firm to defend them against litigation resulting from the Palisades Fire. The price tag of the firm made Bob wonder: Was any insurance agency involved in selecting the firm? This week, he uses that framework to discuss selection of counsel and litigation management issues.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

This week, Bob continues his discussion of the LA Wildfires, providing a case example that demonstrates mistakes that can be made by both insurers and insureds around policy limits and claims adjustments.  Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

This week, Bob discusses Parkinson's Law, the notion that work expands to fill the time available to complete it. He gives advice on how to avoid this phenomenon and get work done before your deadlines. Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

In this week's episode, Bob discusses why it's best to avoid attorneys as expert witnesses in coverage cases in light of recent court decisions in Sheehy v. Chicago Title Insurance Company and Brand v. 20th Century Insurance Company.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

The LA wildfires have caused an estimated $20-30 billion in losses so far. We know homeowners are reeling, and wanted to provide some more advice on what to do if your home was lost or damaged in the fires.This week, Bob focuses on when you should file a claim, emphasizing that earlier is better than later. Notify your insurance company and agent in writing as soon as you can that you've experienced losses due to the fires and are making a claim, even if it's just through a simple email.Mutual Aid LA has assembled an interactive resource library for those who have been affected by the wildfires. You can find it at https://mutualaidla.org/ .Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

This week, Spencer Sallander fills in for Bob to discuss a topic that is literally close to home for him: The LA Wildfires.All of us at GPSL have been devastated to see the destruction caused by the fires in Los Angeles. Our hearts are with our friends, family, and colleagues who have lost so much so suddenly. In that vein, we wanted to release a quick episode outlining five steps homeowners should take with their insurance if they've lost their home in the fires.We sincerely hope this information helps those who are feeling overwhelmed. We will continue to distribute resources as we have them. If you need additional help, contact a reputable attorney in your area.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

AI is clearly on the rise. But before we all bow down to our new robot overlords, it's important to question how they work in different industries. This week, Bob dives into the use of AI in insurance coverage analyses, and where it can go wrong. From increasing cost to increasing biases, he discusses why AI is probably not replacing coverage counsel any time soon.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

Bob welcomes in the new year with 8 hot topics he thinks will shape liability insurance coverage issues over the next year: Cyber liability, environmental and climate change liability, AI, D&O liability, the gig economy, telehealth, emerging technology, and litigation funding and the expansion of class actions.Listen to hear why he thinks these topics are going to be big in liability this year.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

Robert Sallander gives a very special reading of ‘Twas the Night Before Christmas… with an insurance twist. See what happens when Santa deals damage to the roof and gets served by an elfen attorney.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

To arbitrate, or not to arbitrate—that is the question.When it comes to insurance contracts, arbitration used to be the norm. But we're seeing more and more challenges to arbitration clauses. Listen to Bob's advice on how to analyze the enforceability of arbitration clauses, so you don't beat your head against the wall until you're ready to shuffle off this mortal coil.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

Let's talk turkey. No, not the deep-fried kind we talked about a couple of weeks ago. We mean money. Specifically, damages.In this week's episode, Bob discusses damages in insurance cases, with a focus on medical expenses. Listen to learn more about how California law, the collateral source rule, and hospital liens can all affect the assessment of damages, and why you should start gathering evidence to support your argument earlier rather than later. Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

 Insurance policies aren't always beacons of clarity. Industry jargon and technical terms can make them murky and ambiguous. This week, Robert Sallander discusses how to use extrinsic evidence- like industry custom and practice- to interpret insurance policies.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

Thanksgiving is the peak day for home cooking fires, seeing over 3x the daily average from the rest of the year. And the majority of those fires are caused by deep frying turkeys. This week, Bob discusses what happens with your homeowner's insurance if your house is damaged in a turkey explosion.You can follow along with the HO3 form Bob discusses here.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

In this week's episode, Bob chats about how contracts principles are used to interpret insurance contracts. Learn how to spot ambiguities and build effective arguments for your interpretation.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

Everyone wants to know if they have a good judge. Meaning, "Is the judge inclined to see the case the way I see it?" Robert Sallander gives a timely, post-election discussion on the politicization of the judiciary and how advocates can effectively respond. Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

In this week's episode, Robert Sallander shares his strategies for jury selection- Or, as he puts it, "jury de-selection." Bob pulls from his recent experience presenting with the Santa Clara County Bar Association, where he got insight from several judges on when voir dire crosses the line into impermissible jury conditioning. He gives examples of questions that push the boundaries and discusses whether they're worth the risk.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

A request for a litigation budget strikes terror into any lawyer's heart. So many questions. So many unknowns. Litigation is so uncertain. And no one has taught you to create a budget. What's a lawyer to do?In this episode of Coverage Counsel Is In, Robert Sallander explains that litigation budgets are a natural extension of the litigation plan and the plan and budget together provide many benefits for client and lawyer. He provides a simple, detailed approach for creating and updating litigation plans and budgets.If you'd like Bob's templates for litigation budgeting, reach out to him on LinkedIn or via email at rsallander@gpsllp.com.Have a topic you'd like Bob to cover? Submit it to questions@gpsllp.com, or connect with Bob directly on LinkedIn.And if you'd like to know more about GPSL, check out our website.You can also find us on LinkedIn, X, and Facebook.

Developing an accurate timeline of events is an essential tool in evaluating causation, demonstrating alternative causes of harm, and defeating the logical fallacy that harm was caused by a prior event (ad hoc ergo propter hoc). In this episode of Coverage Counsel Is In, Robert Sallander provides examples of how to defend against the ad hoc ergo propter hoc fallacy. Learn more about GPSL.

In this episode of Coverage Counsel Is in, Robert Sallander discusses the importance of drafting jury instructions at the beginning of a case, and using them as a checklist for designing and implementing your litigation plan for maximum efficiency and effectiveness. Learn more about GPSL.

In this episode of Coverage Counsel Is In, Robert Sallander discusses effective use of evidentiary motions in limine, traps for the unwary, and tips for making MILs that win.

In this episode of Coverage Counsel Is In, Robert Sallander discusses the impact of the Rules of Evidence on analyzing an insurer's duty to defend. 

Gary wants to offer himself as an expert witness. What should he know? Robert Sallander addresses fundamentals for expert witnesses in this episode of Coverage Counsel Is In.

While testifying before Congress on December 5 2023, the presidents of Harvard, University of Pennsylvania, and MIT violated at least three basic rules for witnesses discussed in Coverage Counsel Is In, Episode 15. Why they violated them is a mystery, but the fallout is not. Robert Sallander demonstrates how the rules easily could have been followed and the outcome of the testimony significantly different.

Company witnesses, including experienced claim professionals, are nervous about giving testimony under oath in deposition. In this episode, Robert Sallander puts the deposition process in perspective and demonstrates that the witness, when properly prepared, need not fear.

Opening statement or opening argument? In this episode of Coverage Counsel Is In, Robert Sallander will prove to you that an opening is argument and an excellent and foundational opportunity to connect with a jury in a way that helps them like you, trust you, and want to find in your favor.

"I represent a corporation and am afraid I can't get a fair trial." Part 2. As a follow up to Coverage Counsel Is In, Ep. 11, Robert Sallander provides insightful practice pointers for jury selection voir dire.

"I represent a corporation and am afraid I can't get a fair trial." Robert Sallander challenges the notion that for corporate defendants, including insurance companies, the deck is stacked at trial and discusses jury selection and voir dire techniques to help identify a level playing field.

Discovery issues in insurance litigation. In this episode, Robert Sallander interviews Joshua Gilliland, an e-discovery expert, about discovery issues unique to insurance litigation and useful strategies for counsel and parties on both sides of the case. 

Robert Sallander explains how an insured may be able to tap into reinsurance where the direct insurer has become insolvent. This is important information for corporate risk managers.

In this episode, at a listener's request, Robert Sallander builds on the recommendations in Episode 7 about best practices for reading and analyzing an insurance policy by providing some embarrassing examples of what can happen when those recommendation are not followed.

Robert Sallander provides tips on the best approach to reading and analyzing an insurance policy to avoid confusion.

Robert Sallander discusses the use of expert witness testimony in cases involving insurance bad faith and traps for the unwary in choosing, preparing and designating experts

Robert Sallander discusses application of insurance policy self-insured retentions to the insurer's duty to defend.

Robert Sallander discusses liability exposure insurers may have under state Unfair Competition Laws.

Robert Sallander discusses an insurer's duty to settle a liability lawsuit.

Robert Sallander explains the difference between insurance subrogation and insurance contribution.

Robert Sallander discusses the purpose and effect of an "ongoing operations" limitation in an additional insured endorsement in the construction defect insurance context.