In Glassman v. Safeco Ins. Co. of Am., 90 Cal. App. 5th 1281, 1281 (2023), the Sixth District Court of Appeal affirmed the trial court’s denial of the plaintiff’s request for prejudgment interest under section 3287(a) on plaintiff’s excess underinsured motorist (“UIM”) coverage claim, which resulted in an arbitration award.

The plaintiff had prevailed in a UIM arbitration against respondent Safeco Insurance Company of America. The arbitration agreement was contained in a Safeco umbrella policy that […]

Seyfarth Synopsis: Businesses with arbitration programs often oppose the issuance of notice in FLSA collective actions on the ground that many potential recipients have binding arbitration agreements precluding them from participating in a case. The majority of federal appellate courts have not yet addressed whether arbitration must be addressed before or after notice issues. The Sixth Circuit recently joined the Fifth and Seventh Circuits in requiring the question to be addressed pre-notice. Unlike the […]