The United States District Court for the Eastern District of California has concluded that a liability insurer had a duty to defend its insured, a drywall subcontractor, against allegations that the insured installed damp drywall in houses which eventually led … Read More

The California Court of Appeal has held that following an auto dealer’s alleged incomplete transfer of a vehicle’s title to a driver, the driver may be entitled to coverage under the auto dealer’s “garage operations” policy. ( Spangle v. Farmers … Read More

The California Court of Appeal has held that underinsured motorist coverage was not triggered where the injured party’s bodily injury limit was equal to the tortfeasor’s “combined single limit” for all bodily injury and property damage. ( Explorer Ins. Co. … Read More

The California Court of Appeal has held that an insurer was estopped from enforcing a policy’s time limit to collect replacement cost benefits where the insurer engaged in conduct and delays that prevented the insured from satisfying the policy’s replacement … Read More

The Ninth Circuit Court of Appeals has held that neither a media liability insurer nor a commercial general liability insurer had any duty to defend an insured in class action lawsuits alleging product defects in the insured’s video game system. … Read More

The California Court of Appeal has held that, in the absence of a “potential” for coverage, a general contractor was not entitled to a defense as an “additional insured” under a subcontractor’s liability policy. ( Monticello Insurance Company v. Essex … Read More

The California Court of Appeal has held that a homeowners insurer had a duty to defend its insured against allegations that the insured’s “deliberate act” caused the claimant to suffer an “unintended injury.” ( State Farm Fire and Cas. Co. … Read More

The California Court of Appeal has held that a property insurer did not assume a duty to establish adequate coverage limits, and that the insurer did properly notify the insured that a renewal policy would no longer provide guaranteed replacement … Read More

The California Court of Appeal has held that a letter from a claimant’s attorney to the insured threatening litigation was a “claim” within the meaning of the insured’s “claims made and reported” policy. ( Westrec Marina Management, Inc. v. Arrowood … Read More

The California Court of Appeal has held that if a liability insurer’s reservation of rights creates a conflict of interest that gives the insured the right to have “independent counsel,” any dispute regarding the independent counsel’s fees is subject to … Read More

The California Court of Appeal has held that an engineer’s design errors are not “defective … methods in construction” and do not trigger a policy’s collapse coverage. ( Roberts v. Assurance Company of America (2008) 2008 WL 2468889) Facts Jim … Read More

The California Court of Appeal has held that a liability policy’s “cross-suits” exclusion relieved an insurer of any duty to defend its named insured against a suit brought by an additional insured. ( Great Western Drywall, Inc. v. Interstate Fire … Read More

The California Court of Appeal has held that, because an appraisal panel only decided the amount of a loss, a trial court had authority to confirm the amount of the award but did not have authority to enter an actual … Read More

The California Court of Appeal has held that where a homeowners policy covered various “personal injury” offenses caused by “accident,” the insurer has no duty to defend an insured against a suit alleging an “intentional and deliberate” false imprisonment. ( … Read More

The California Court of Appeal has held that an excess policy’s “exhaustion” clause unambiguously relieved an excess insurer of any duty to indemnify its insured for unreimbursed defense and settlement costs after the insured settled with its primary insurer for … Read More

The Ninth Circuit Court of Appeals has held that a general liability insurer had a duty to defend a rock band musician and a related corporation against underlying actions filed by former band members alleging improper use of a logo … Read More

The Ninth Circuit Court of Appeals has held that even if an insured only “unintentionally” makes “material” misrepresentations in an application for a marine insurance policy, the insurer is entitled to rescind the policy. ( New Hampshire Ins. Co. v. … Read More

The California Court of Appeal has held that that an insured is only obligated to exhaust the tortfeasor’s motor vehicle or automobile bodily injury liability coverage before the insured can trigger the insured’s underinsured motorist coverage. ( Wedemeyer v. Safeco … Read More

The California Court of Appeal has held that even though “sudden and accidental” water damage—a covered peril—was the predominant cause of mold, a policy’s “absolute” mold exclusion was enforceable because the exclusion clearly communicated that mold “however caused” was never … Read More

The California Court of Appeal has held that a liability policy’s “pollution” exclusion relieved an insurer of any duty to defend or indemnify its insured for liability arising from the insured’s release of a solvent into a public sewer system. … Read More