September, 2014 | Smith Smith & Feeley

Employment-Related Practices Exclusion Relieves General Liability Insurer of Duty to Defend Insured Employer Against Suit Arising from Alleged Strip Search of Employees

September 1, 2014 by kwsm

An “employment-related practices” exclusion relieved a commercial general liability insurer of any duty to defend an insured employer against a suit arising from an alleged “strip search” of its employees. ( Jon Davler, Inc. v. Arch Insurance Co. (2014) 2014 … Read More

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Whether Producer Was “Broker” or “Agent” Was Question of Fact Where Insurer Sought to Rescind Due to Misrepresentations on Application

September 1, 2014 by kwsm

Whether a producer was a “broker” (acting on behalf of the insured) or an “agent” (acting on behalf of the insurer) was a question of fact where the insurer sought to rescind due to misrepresentations on the application. ( Douglas … Read More

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Policy Which Describes Tractor Portion of Tractor/Trailer Rig Is “Primary” to Policy Which Does Not Describe Any Portion of Rig

September 1, 2014 by kwsm

Pursuant to California Insurance Code section 11580.9, a policy which specifically described the tractor portion of a tractor/trailer rig was “primary” to another policy which did not describe any portion of the rig. ( Scottsdale Indemnity Co. v. National Continental … Read More

Month: September 2014