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Month: September 2013

All Newsletters

Statutory Violation Exclusions Relieve Insurers of Duty to Defend Insured Against Suits Based on Alleged Violation of Song-Beverly Act

September 1, 2013 by kwsm

Statutory violation exclusions in two insurers’ policies precluded coverage for lawsuits alleging claims for violation of the Song-Beverly Act arising from collection of customer zip codes during credit card transactions. ( Big 5 Sporting Goods Corp. v. Zurich American Ins. … Read More

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Reservation of Rights in Environmental Cleanup Action Does Not Create Conflict of Interest Giving Insured Right to Independent Counsel

September 1, 2013 by kwsm

Various insurers’ reservation of rights letters in an environmental cleanup action did not trigger a conflict of interest that would give the insured the right to select independent counsel at the insurers’ expense. ( Federal Ins. Co. v. MBL, Inc. … Read More

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Uninsured Motorist Insurer Cannot Deny Coverage Based on Exclusion Allowed By Statute But Not Actually Included in Policy

September 1, 2013 by kwsm

An uninsured motorist insurer could not deny coverage based on an exclusion which was allowed by statute, but which was not actually included in the policy. ( Progressive Choice Ins. Co. v. California State Automobile Association Inter-Ins. Bureau (2013) 218 … Read More

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Insured Entitled to Attempt to Prove Loss of Rents Claim, Even Though Building Was Not Actually Rented at Time of Loss

September 1, 2013 by kwsm

Because a policy’s loss of rents coverage did not specifically require that a building be rented when a physical loss occurred, the insured was entitled to attempt to prove an insurance claim for loss of rents even though the building … Read More

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  • Home
  • Attorneys
    • John E. Feeley
    • Phillip E. Smith
    • Stephen E. Smith
    • Michael L. Parker
    • Melissa R. Magee
    • Ha Eun Cho
  • Practice Profile
    • Property Insurance
    • Liability Insurance
    • Insurance Litigation
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  • Careers
  • Seminars
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