The California Supreme Court now holds that the Dynamex employment decision applies retroactively.

Given the paucity of case law on autonomous vehicle liability, cases such as Sz Hua Huang et al v. Tesla Inc. and The State of California will likely set early precedent for how liability is assessed in these types of accidents. As drivers are deemed to be less at fault by virtue of their lack of control, more liability risk will assumed by manufacturers, suppliers of parts, and technology companies that are involved in designing the software system that controls these vehicles.

In 501 East 51st Street, etc. v. Kookmin Best Ins. Co., Ltd. (2020) 47 Cal.App.5th 924, the Court of Appeal for the Second District affirmed summary adjudication and dismissal of a bad faith claim based on the “genuine dispute” doctrine.