In an equitable contribution action between liability insurers, once a participating insurer proves a “potential for coverage” under a non-participating insurer’s policy, the burden shifts to the non-participating insurer to prove the “absence of actual coverage” under its policy. ( … Read More
An insurer was justified in denying coverage for the alleged theft of an automobile where the insured made numerous misrepresentations about the price he paid for the car, pre-existing damage, repair of the damage and when he last saw the … Read More
A policy’s “personal and advertising” coverage for “disparagement” was not triggered where the insured’s advertisements only mentioned the insured’s own products and never mentioned the claimant’s products. ( Hartford Cas. Ins. Co. v. Swift Distribution, Inc. (2012) 148 Cal.Rptr.3d 679) … Read More
Even though an insured waited nine months to report a wildfire claim for smoke, soot and ash contamination, the insurer waived the defense by failing to promptly object and by proceeding to investigate the claim. In addition, even though other … Read More