Where Insurer Satisfies Blue Ridge Requirements For Seeking Reimbursement Of Uncovered Settlement From Insured, Insurer Need Not Also Give Insured “Sufficient Time” To Respond To Insurer’s Notice / Offer

Where a liability insurer satisfied the requirements set forth in Blue Ridge Ins. Co. v. Jacobsen (2001) 25 Cal.4th 489 for seeking reimbursement of an uncovered settlement from an insured, the insurer was not also separately required to give the … Read More

If Insurer’s Failure To Investigate Insurability Prevents Insurer From Rescinding Policy Covering Commercial Motor Vehicle, Insurer May Be Liable To Injured Party Up To Limit Of “Financial Responsibility Law” Applicable To Commercial Vehicles

If an insurer’s failure to adequately investigate the insurability of an insured prevents the insurer from later rescinding a policy covering a commercial motor vehicle, the insurer may be liable to the injured party for up to the higher limit … Read More

When Liability Insurer Never Expressly Agrees to Defend Insured and Does Not Pay Defense Fees During Underlying Litigation, Insurer Cannot Later Invoke Civil Code Section 2860’s Arbitration Remedy In Dispute Over Attorneys’ Fees

Where a liability insurer issues a preliminary “reservation of rights” letter, but never actually agrees to defend its insured and never actually pays any defense fees during the underlying litigation, the insurer is precluded from invoking Civil Code section 2860’s … Read More

Where Insured General Contractor Is Fired Before Completion of Work, Subsequent Construction Defect Lawsuit Falls Within Exclusion J.(6), Not Within Exception For Damage Included in “Products-Completed Operations Hazard”

Where an insured general contractor was fired from a construction job before the job was ever completed, a subsequent construction defect lawsuit against the insured fell within standard policy exclusion j.(6), and did not trigger the exclusion’s exception for property … Read More

Policy’s “Anti- Montrose ” Endorsements Do Not Eliminate Insurer’s Duty to Defend Insured in “Continuous and Progressively-Deteriorating” Property Damage Case

A general liability policy’s “anti- Montrose ” endorsements did not eliminate an insurer’s duty to defend an insured subcontractor in a construction defect case involving “continuous and progressively-deteriorating” property damage. ( Pennsylvania General Ins. Co. v. American Safety Indemnity Co. … Read More

Insurer’s Failure to Follow Own Underwriting Guidelines’ Investigation Requirements Does Not Prevent Insurer from Later Raising Insured’s Material Misrepresentation on Application as Defense to Coverage

An insurer who fails to follow its own underwriting guidelines’ investigation requirements, and who as a result does not discover an applicant’s material misrepresentations, may still raise the applicant’s misrepresentations as a defense to coverage. ( Colony Ins. Co. v. … Read More

Pursuant to “Going and Coming” Rule’s “Required Vehicle” Exception, Employee Is “Insured” For Accident While Driving to Work, and Employer’s Liability Thus Falls Within “Auto” Exclusion of CGL Policy

In light of the “going and coming” rule’s “required vehicle” exception, an employee was an “insured” for an auto accident while driving to work, with the result that his employer’s liability was barred from coverage by an “auto” exclusion in … Read More

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