Generated by All in One SEO v4.9.10, this is an llms.txt file, used by LLMs to index the site. # Smith & Smith LLP Insurance Lawyers ## Sitemaps - [XML Sitemap](https://insurlaw.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [After Total Loss, Insureds Who Built Replacement House at Different Location Were Not Entitled to Extended Replacement Cost Benefits Where Insureds Conceded They Did Not Spend More Than Policy’s Stated Limit](https://insurlaw.com/after-total-loss-insureds-who-built-replacement-house-at-different-location-were-not-entitled-to-extended-replacement-cost-benefits/) - [Claim for Bad Faith Failure to Settle Requires Finding That Insurer Acted “Unreasonably”](https://insurlaw.com/claim-for-bad-faith-failure-to-settle-requires-finding-that-insurer-acted-unreasonably/) - [Where Policy Lapsed Prior to Loss and Insurer Granted Post-Loss Reinstatement, Questions of Fact Existed About Whether Insurer Reinstated Policy With – or Without – Lapse in Coverage](https://insurlaw.com/where-policy-lapsed-prior-to-loss-and-insurer-granted-post-loss-reinstatement-questions-of-fact-existed-about-whether-insurer-reinstated-policy-with-or-without-lapse-in-coverage/) - [In Continuous Injury Case, Excess Coverage Is Triggered After Exhaustion of Listed Primary Coverage](https://insurlaw.com/in-continuous-injury-case-vertical-exhaustion-of-specified-primary-policies-will-trigger-excess-coverage/) - [Where Tenant’s Marijuana Grow Operation Causes Fire, Landlord’s Insurer Cannot Deny Coverage Unless Insurer Shows Landlord Knew or Had Control Over “Increased Hazard”](https://insurlaw.com/where-tenants-marijuana-grow-operation-causes-fire-landlords-insurer-cannot-deny-coverage-unless-insurer-shows-landlord-knew-or-had-control-over-increased-hazard/) - [Insurer Has No Duty to Defend Insured Against Antitrust Lawsuit Alleging Fraudulent Conduct in Obtaining Patent](https://insurlaw.com/insurer-has-no-duty-to-defend-insured-against-antitrust-lawsuit-alleging-fraudulent-conduct-in-obtaining-patent/) - [In Continuous Injury Case, Insured Can Seek Coverage Under Excess Policies Pursuant to “Vertical Exhaustion” Rather than “Horizontal Exhaustion”](https://insurlaw.com/in-continuous-injury-case-insured-can-seek-coverage-under-excess-policies-pursuant-to-vertical-exhaustion-rather-than-horizontal-exhaustion/) - [Choice of Law Ruling in Earlier Rhode Island Coverage Action Does Not Act As Collateral or Judicial Estoppel in Later California Coverage Action](https://insurlaw.com/choice-of-law-ruling-in-earlier-rhode-island-coverage-action-does-not-act-as-collateral-or-judicial-estoppel-in-later-california-coverage-action/) - [No Bad Faith Where, Based on Expert Investigation, There Was “Genuine Dispute” Regarding Cause of Damage to Property](https://insurlaw.com/no-bad-faith-where-based-on-expert-investigation-there-was-genuine-dispute-regarding-cause-of-damage-to-property/) - [CORONAVIRUS CLAIMS AND COMMERCIAL GENERAL LIABILITY POLICIES: ASSESSING POTENTIAL EXPOSURE](https://insurlaw.com/coronavirus-claims-and-commercial-general-liability-policies-assessing-potential-exposure/) - [Do the Business Income and/or Civil Authority Coverages Apply to COVID-19 Business Closures?](https://insurlaw.com/do-the-business-income-and-or-civil-authority-coverages-apply-to-covid-19-business-closures/) - [Liability Policy’s Arbitration Clause Is Binding on Additional Insured](https://insurlaw.com/liability-policys-arbitration-clause-is-binding-on-additional-insured/) - [Insurer Has Right to Appeal Default Judgment Entered Against Insured in Small Claims Action](https://insurlaw.com/insurer-has-right-to-appeal-default-judgment-entered-against-insured-in-small-claims-action/) - [2019 Annual Review of California Insurance Law](https://insurlaw.com/2019-annual-review-of-california-insurance-law/) - [Superior Court Can Decide Factual Issue Necessary to Determine Coverage Under Excess Workers’ Compensation Insurance Policy](https://insurlaw.com/superior-court-can-decide-factual-issue-necessary-to-determine-coverage-under-excess-workers-compensation-insurance-policy/) - [“Anti-SLAPP” Statute Does Not Bar Insured's Bad Faith Lawsuit Against Insurer](https://insurlaw.com/anti-slapp-statute-does-not-bar-insureds-bad-faith-lawsuit-against-insurer/) - [Insured Established That “War” Exclusions Should Be Given “Special” Meaning Based on Industry Usage, Not “Plain and Ordinary” Meaning](https://insurlaw.com/insured-established-that-war-exclusions-should-be-given-special-meaning-based-on-industry-usage-not-plain-and-ordinary-meaning/) - Where an insured established that a policy’s “war” exclusions had “special” meaning based on usage in the insurance industry, the “special” meaning (not the “plain and ordinary” meaning) applied. (Universal Cable Productions, LLC v. Atlantic Specialty Insurance Company (2019 9th Cir.) 929 F.3d 1143) - [“Wage and Hour” Exclusion Does Not Eliminate Insurer’s Duty to Defend Insured Against Employees’ Lawsuit Alleging Failure to Reimburse Work-Related Expenses](https://insurlaw.com/wage-and-hour-exclusion-does-not-eliminate-insurers-duty-to-defend-insured-against-employees-lawsuit-alleging-failure-to-reimburse-work-related-expenses/) - An employment practice liability policy’s “wage and hour” exclusion did not relieve the insurer of a duty to defend its insured against a class action lawsuit alleging, among other things, that the insured failed to reimburse employees for work-related expenses. (Southern California Pizza Co., LLC v. Certain Underwriters at Lloyd’s, London (2019) 40 Cal.App.5th 140) - [“Mislabeling” Lawsuit Against Prescription Drug Retailer Does Not Trigger Coverage Under Additional Insured Endorsement in Supplier’s General Liability Policy](https://insurlaw.com/mislabeling-lawsuit-against-prescription-drug-retailer-does-not-trigger-coverage-under-additional-insured-endorsement-in-suppliers-general-liability-policy/) - A customer’s “mislabeling” lawsuit against a prescription drug retailer was not potentially covered under an additional insured endorsement issued by the drug supplier’s general liability insurer. - [“Business Pursuits / Rental” Exclusion Relieves Insurer of Duty to Defend Insured Against Suit Brought By Tenant](https://insurlaw.com/business-pursuits-rental-exclusion-relieves-insurer-of-duty-to-defend-insured-against-suit-brought-by-tenant/) - A homeowners policy’s “business pursuits / rental” exclusion relieved an insurer of any duty to defend its insured against a personal injury lawsuit brought by a long-term tenant. - [California’s “Notice-Prejudice” Rule is Fundamental Public Policy for Choice of Law Analysis, and Rule Applies to Consent Provisions in First-Party Policies But Not Third-Party Policies](https://insurlaw.com/californias-notice-prejudice-rule-is-fundamental-public-policy-for-choice-of-law-analysis-and-rule-applies-to-consent-provisions-in-first-party-policies-but-not-third-party/) - [Where Insureds Mistakenly Provide Tax Returns to Insurer’s Attorney, and Attorney Then Discloses Returns to Insurer and Accountants, Attorney Can Be Held Liable for “Invasion of Privacy,” But Not “Elder Abuse”](https://insurlaw.com/where-insureds-mistakenly-provide-tax-returns-to-insurers-attorney-and-attorney-then-discloses-returns-to-insurer-and-accountants-attorney-can-be-held-liable-for-invasion-of-privac/) - [Where Lease Requires Landlord to Procure Fire Insurance for Benefit of Tenant, Landlord’s Insurer May Not Subrogate Against Tenant](https://insurlaw.com/an-additional-insured-endorsements-care-custody-or-control-exclusion-did-not-relieve-an-insurer-of-a-duty-to-defend-its-additional-insured-a-general-contractor-in-a-cons/) - [Additional Insured Endorsement’s “Care, Custody, or Control” Exclusion Does Not Relieve Insurer of Duty to Defend General Contractor](https://insurlaw.com/additional-insured-endorsements-care-custody-or-control-exclusion-does-not-relieve-insurer-of-duty-to-defend-general-contractor/) - [Under “Fraudulent Conveyance” Statute, Third-Party Claimant Can Challenge Insured’s Release of Bad Faith Claim Against Insurer That Allegedly Breached Duty to Settle](https://insurlaw.com/under-fraudulent-conveyance-statute-third-party-claimant-can-challenge-insureds-release-of-bad-faith-claim-against-insurer-that-allegedly-breached-duty-to-settle/) - [Insurer Not Liable Where Insured’s Contractor Cashes Jointly-Payable Check Pursuant to Authority Granted in Contract](https://insurlaw.com/insurer-not-liable-where-insureds-contractor-cashes-jointly-payable-check-pursuant-to-authority-granted-in-contract/) - [Despite Statute Prohibiting Public Entities from Seeking Indemnity from Employees, Public Entity’s Insurer Is Entitled to Recover from Employees’ Insurer](https://insurlaw.com/despite-statute-prohibiting-public-entities-from-seeking-indemnity-from-employees-public-entitys-insurer-is-entitled-to-recover-from-employees-insurer/) - [Higher-Layer Excess Policies Do Not Incorporate Lower-Layer Umbrella Policies’ Self-Insured Retentions, and Cover Defense Costs Without Regard to Outcome of Case](https://insurlaw.com/higher-layer-excess-policies-do-not-incorporate-lower-layer-umbrella-policies-self-insured-retentions-and-cover-defense-costs-without-regard-to-outcome-of-case/) - [Evidence Supports Punitive Damage Award Against Insurer for Bad Faith Delay in Paying Underinsured Motorist Benefits](https://insurlaw.com/evidence-supports-punitive-damage-award-against-insurer-for-bad-faith-delay-in-paying-underinsured-motorist-benefits/) - [California Appellate Court Broadly Construes Subcontractor’s “Duty to Defend” Developer Under Indemnity Agreement](https://insurlaw.com/california-appellate-court-broadly-construes-subcontractors-duty-to-defend-developer-under-indemnity-agreement/) - [Heir Is Entitled to Uninsured Motorist Benefits Only Under Automobile Policy, Not Umbrella Policy](https://insurlaw.com/heir-is-entitled-to-uninsured-motorist-benefits-only-under-automobile-policy-not-umbrella-policy/) - [After Developer Obtains Default Judgment Against Subcontractor, Developer’s Excess Liability Insurer Prevails in Judgment Creditor Action Against Subcontractor’s General Liability Insurer](https://insurlaw.com/after-developer-obtains-default-judgment-against-subcontractor-developers-excess-liability-insurer-prevails-in-judgment-creditor-action-against-subcontractors-general-liability-insu/) - [Uninsured Motorist Policy Allows Insurer to Reduce Payments to Insured by Amount of Medical Expenses That Are Eligible for Payment Through Workers’ Compensation](https://insurlaw.com/uninsured-motorist-policy-allows-insurer-to-reduce-payments-to-insured-by-amount-of-medical-expenses-that-are-eligible-for-payment-through-workers-compensation/) - [In Personal Injury Action Brought Against Deceased Insured’s Estate Pursuant to Probate Code, Insurer Is De Facto “Party” That Can Be Liable for Costs](https://insurlaw.com/in-personal-injury-action-brought-against-deceased-insureds-estate-pursuant-to-probate-code-insurer-is-de-facto-party-that-can-be-liable-for-costs/) - [Trial Court Properly Grants Insurer’s Motion to Set Aside Default Judgments Against Insured on Ground of Extrinsic Mistake.](https://insurlaw.com/trial-court-properly-grants-insurers-motion-to-set-aside-default-judgments-against-insured-on-ground-of-extrinsic-mistake/) - [Insurer of “Suspended” Developer Cannot Pursue Subrogation Action Against Developer’s Subcontractors](https://insurlaw.com/insurer-of-suspended-developer-cannot-pursue-subrogation-action-against-developers-subcontractors/) - [2018 Annual Review of California Insurance Law](https://insurlaw.com/2018-annual-review-of-california-insurance-law/) - [Policy Covering “Loss of Use of Tangible Property Not Physically Injured” Covers Insured’s Liability for Claimant’s Loss of Ability to Use Property as Nightclub](https://insurlaw.com/policy-covering-loss-of-use-of-tangible-property-not-physically-injured-covers-insureds-liability-for-claimants-loss-of-ability-to-use-property-as-nightclub/) - [Party-Appointed Appraiser is "Arbitrator" and, Subject to Narrow Exceptions, is Barred from Giving Evidence About Appraisal Proceeding](https://insurlaw.com/party-appointed-appraiser-is-arbitrator-and-subject-to-narrow-exceptions-is-barred-from-giving-evidence-about-appraisal-proceeding/) - ["Impaired Property" Exclusion Relieves Insurer of Duty to Defend Insured Contractor Against Suit Alleging That Insured’s Negligent Work Resulted in Loss of Use of Claimant’s Property](https://insurlaw.com/impaired-property-exclusion-relieves-insurer-of-duty-to-defend-insured-contractor-against-suit-alleging-that-insureds-negligent-work-resulted-in-loss-of-use-of-claimants-property/) - ["Each Person" Limit Applies to All Damages, Including Loss of Consortium Damages, Arising from Bodily Injury to One Person](https://insurlaw.com/each-person-limit-applies-to-all-damages-including-loss-of-consortium-damages-arising-from-bodily-injury-to-one-person/) - [Fair Claims Settlement Practices Regulations Do Not Conflict with Unfair Insurance Practices Act](https://insurlaw.com/fair-claims-settlement-practices-regulations-do-not-conflict-with-unfair-insurance-practices-act/) - [Insured's "Unclean Hands" Prevents Insured from Continuing to Pursue Lawsuit Against Insurer](https://insurlaw.com/insureds-unclean-hands-prevents-insured-from-continuing-to-pursue-lawsuit-against-insurer/) - [Trial Judge’s Errors During Trial Mandate Reversal of Bad Faith and Punitive Damage Award Against General Liability Insurers](https://insurlaw.com/trial-judges-errors-during-trial-mandate-reversal-of-bad-faith-and-punitive-damage-award-against-general-liability-insurers/) - [Liability Policy Covering “Personal Injury” Offense of “Invasion of Right of Private Occupancy” Covers Non-Physical Invasions of Rights in Real Property](https://insurlaw.com/liability-policy-covering-personal-injury-offense-of-invasion-of-right-of-private-occupancy-covers-non-physical-invasions-of-rights-in-real-property-2/) - [Insurer's Defense of Additional Insured Under Reservation of Rights Does Not Create Conflict of Interest Requiring Independent Counsel](https://insurlaw.com/insurers-defense-of-additional-insured-under-reservation-of-rights-does-not-create-conflict-of-interest-requiring-independent-counsel/) - ["Occurrence" Found Where Insured Employer Negligently Hires, Retains or Supervises Employee Who Intentionally Injures Third–Party Claimant](https://insurlaw.com/occurrence-found-where-insured-employer-negligently-hires-retains-or-supervises-employee-who-intentionally-injures-third-party-claimant/) - ["Personal and Advertising Injury" Coverage Does Not Extend to Insured's Alleged Act of Copying Another's Product](https://insurlaw.com/personal-and-advertising-injury-coverage-does-not-extend-to-insureds-alleged-act-of-copying-anothers-product/) - [Police Seizure and Destruction of Marijuana Does Not Constitute "Theft" Within Meaning of Homeowners Policy](https://insurlaw.com/police-seizure-and-destruction-of-marijuana-does-not-constitute-theft-within-meaning-of-homeowners-policy/) - [Insurer Has Duty to Defend Insured Bedding Manufacturer in Class Action Lawsuit Arising from Sale of Allegedly Defective Mattresses](https://insurlaw.com/insurer-has-duty-to-defend-insured-bedding-manufacturer-in-class-action-lawsuit-arising-from-sale-of-allegedly-defective-mattresses/) - [PENDING BEFORE THE CALIFORNIA SUPREME COURT](https://insurlaw.com/pending-before-the-california-supreme-court/) - [2011 Annual Review of California Insurance Law](https://insurlaw.com/2011-annual-review-of-california-insurance-law/) - [Statutory Attorney Fees Paid to Plaintiffs In Settlement Constitute Costs "Taxed" Against Insured Under "Supplementary Payments" Provision](https://insurlaw.com/statutory-attorney-fees-paid-to-plaintiffs-in-settlement-constitute-costs-taxed-against-insured-under-supplementary-payments-provision/) - [Uninsured Motorist Coverage Does Not Apply to Listed "Driver" Who is Injured as Pedestrian](https://insurlaw.com/uninsured-motorist-coverage-does-not-apply-to-listed-driver-who-is-injured-as-pedestrian/) - [Liability Policy’s "First Publication" Exclusion Applies to Infringement Claims](https://insurlaw.com/liability-policys-first-publication-exclusion-applies-to-infringement-claims/) - [Automobile Policy "Step-Down" Provisions Limiting Coverage for Permissive Users Are Valid if They Are Conspicuous, Plain and Clear](https://insurlaw.com/automobile-policy-step-down-provisions-limiting-coverage-for-permissive-users-are-valid-if-they-are-conspicuous-plain-and-clear/) - [In Light of "Severability" Clause, Exclusion for Intentional Act of "An" Insured Only Applies to Particular Insured Who Commits Such Act](https://insurlaw.com/in-light-of-severability-clause-exclusion-for-intentional-act-of-an-insured-only-applies-to-particular-insured-who-commits-such-act/) - [Insurer’s Misrepresentation of Policy Limits to Induce Settlement Subjects Insurer to Liability for Fraud](https://insurlaw.com/insurers-misrepresentation-of-policy-limits-to-induce-settlement-subjects-insurer-to-liability-for-fraud/) - [General Liability Insurer Properly Denies Defense Under Non-Standard Additional Insured Endorsement](https://insurlaw.com/general-liability-insurer-properly-denies-defense-under-non-standard-additional-insured-endorsement/) - [Defamation Suit Against Insured Does Not Allege "Occurrence" Under Homeowners Policy](https://insurlaw.com/defamation-suit-against-insured-does-not-allege-occurrence-under-homeowners-policy/) - [Homeowners Insurer Has No Duty to Defend Woman Who Allegedly Failed to Prevent Husband from Molesting Daughter](https://insurlaw.com/homeowners-insurer-has-no-duty-to-defend-woman-who-allegedly-failed-to-prevent-husband-from-molesting-daughter/) - [A Professional Liability Insurer Has No Duty to Defend Insured Against Claim That Insured Knew About, or Reasonably Could Have Foreseen, Before Inception of Policy](https://insurlaw.com/a-professional-liability-insurer-has-no-duty-to-defend-insured-against-claim-that-insured-knew-about-or-reasonably-could-have-foreseen-before-inception-of-policy/) - [In Calculating Ratio of Punitive Damages to Compensatory Damages, Compensatory Damages Should Include Brandt Fees, Whether Such Fees Are Awarded by Jury as Part of Verdict or by Trial Judge after Verdict](https://insurlaw.com/in-calculating-ratio-of-punitive-damages-to-compensatory-damages-compensatory-damages-should-include-brandt-fees-whether-such-fees-are-awarded-by-jury-as-part-of-verdict-o/) - [Liability Policy's Self-Insured Retention Can Only Be Satisfied By Named Insured, Not Additional Insured](https://insurlaw.com/liability-policys-self-insured-retention-can-only-be-satisfied-by-named-insured-not-additional-insured/) - ["Damages" Means Court-Ordered Judgments, And Affirmative Defenses Are Not "Suits"](https://insurlaw.com/damages-means-court-ordered-judgments-and-affirmative-defenses-are-not-suits/) - [D&O Policy Allows Allocation of Defense Fees While Suit Pending](https://insurlaw.com/do-policy-allows-allocation-of-defense-fees-while-suit-pending/) - [Spouse of Named Insured Can Sue For Bad Faith, Even Though Spouse Not a Defendant in Underlying Action](https://insurlaw.com/spouse-of-named-insured-can-sue-for-bad-faith-even-though-spouse-not-a-defendant-in-underlying-action/) - [Despite Rescission, Policy’s Contractual Limitation Clause Bars Insured’s Suit](https://insurlaw.com/despite-rescission-policys-contractual-limitation-clause-bars-insureds-suit/) - [Absent "Potential" for Coverage, General Contractor Not Entitled To Defense As "Additional Insured" Under Subcontractor’s Policy](https://insurlaw.com/absent-potential-for-coverage-general-contractor-not-entitled-to-defense-as-additional-insured-under-subcontractors-policy/) - [Property Insurer Did Not Assume Duty To Establish Adequate Coverage Limits, And Did Properly Notify Insured Of Elimination Of Guaranteed Replacement Cost Coverage](https://insurlaw.com/property-insurer-did-not-assume-duty-to-establish-adequate-coverage-limits-and-did-properly-notify-insured-of-elimination-of-guaranteed-replacement-cost-coverage/) - [Homeowners Insurer Must Defend Insured Whose Deliberate Act Allegedly Caused Claimant to Suffer Unintended Injury](https://insurlaw.com/homeowners-insurer-must-defend-insured-whose-deliberate-act-allegedly-caused-claimant-to-suffer-unintended-injury/) - [Pursuant to Insurance Code Section 520, Once "Loss" Happens, Insured May Assign Right to Recover to Third Party](https://insurlaw.com/pursuant-to-insurance-code-section-520-once-loss-happens-insured-may-assign-right-to-recover-to-third-party/) - [Subrogation Action Fails Where Insurer Failed to Give Timely Notice to Residential Home Builder Under "Right to Repair" Statute](https://insurlaw.com/subrogation-action-fails-where-insurer-failed-to-give-timely-notice-to-residential-home-builder-under-right-to-repair-statute/) - [Food Truck Is "Mobile Equipment" and Thus Is Not Subject to "Auto" Exclusion in General Liability Policy](https://insurlaw.com/food-truck-is-mobile-equipment-and-thus-is-not-subject-to-auto-exclusion-in-general-liability-policy/) - [In Contribution Action, Insurer Only Needs to Show "Potential" for Coverage Under Co-Insurer's Policy With Self-Insured Retention That Insured Pays As Part of Settlement](https://insurlaw.com/in-contribution-action-insurer-only-needs-to-show-potential-for-coverage-under-co-insurers-policy-with-self-insured-retention-that-insured-pays-as-part-of-settlement/) - [Absent Actual Coverage, Liability Insurer Cannot Be Liable to Insured for Failing to Accept Third Party's Settlement Offer](https://insurlaw.com/absent-actual-coverage-liability-insurer-cannot-be-liable-to-insured-for-failing-to-accept-third-partys-settlement-offer/) - [Underinsured Motorist Benefits May Be Reduced Not Only By Recovery From Negligent Driver's Insurer, But Also By Recovery From Another Alleged Tortfeasor](https://insurlaw.com/underinsured-motorist-benefits-may-be-reduced-not-only-by-recovery-from-negligent-drivers-insurer-but-also-by-recovery-from-another-alleged-tortfeasor/) - [No Coverage Where Building Was "Vacant" For More Than 60 Days Before Loss, Even Though Policy Was Issued Less Than 60 Days Before Loss](https://insurlaw.com/no-coverage-where-building-was-vacant-for-more-than-60-days-before-loss-even-though-policy-was-issued-less-than-60-days-before-loss/) - [In Continuous Injury Case, Excess Policy Is Not Triggered Until All Applicable Primary Policies Are Exhausted, But Multiple Primary Policies Issued By Same Insurer Cannot Be "Stacked"](https://insurlaw.com/in-continuous-injury-case-excess-policy-is-not-triggered-until-all-applicable-primary-policies-are-exhausted-but-multiple-primary-policies-issued-by-same-insurer-cannot-be-stacked/) - [Unloading Injured Passenger from Motor Vehicle Constitutes "Use" of Motor Vehicle](https://insurlaw.com/unloading-injured-passenger-from-motor-vehicle-constitutes-use-of-motor-vehicle/) - [Where Insurer Breaches Duty to Defend Insured and Dispute Later Arises Regarding Fees Charged by Independent Counsel, Insurer May Only Seek Reimbursement From Insured, Not Independent Counsel](https://insurlaw.com/where-insurer-breaches-duty-to-defend-insured-and-dispute-later-arises-regarding-fees-charged-by-independent-counsel-insurer-may-only-seek-reimbursement-from-insured-not-independent-counsel/) - [Insurer Not Liable for Fire Loss Where Insured Fails to Maintain Automatic Sprinkler System, and Insurer Entitled to Reimbursement of Advance Payment Made During Investigation](https://insurlaw.com/insurer-not-liable-for-fire-loss-where-insured-fails-to-maintain-automatic-sprinkler-system-and-insurer-entitled-to-reimbursement-of-advance-payment-made-during-investigation/) - [Defense of Administrative Proceedings](https://insurlaw.com/defense-of-administrative-proceedings/) - [Insurer Has No Duty to Defend Wife Against Claims Arising From Husband’s Molestation of Granddaughters](https://insurlaw.com/insurer-has-no-duty-to-defend-wife-against-claims-arising-from-husbands-molestation-of-granddaughters/) - [In Reimbursement Claim, Whether Insured is "Made Whole" is Determined Without Deducting Attorney Fees and Costs](https://insurlaw.com/in-reimbursement-claim-whether-insured-is-made-whole-is-determined-without-deducting-attorney-fees-and-costs/) - [In "Continuous Injury" Case, Presence of Other Available Insurance Relieves CIGA of Duty to Contribute](https://insurlaw.com/in-continuous-injury-case-presence-of-other-available-insurance-relieves-ciga-of-duty-to-contribute/) - ["Per Claim" Self-Insured Retention Endorsement Applies Only Once to Construction Defect Action Involving Multiple Homes](https://insurlaw.com/per-claim-self-insured-retention-endorsement-applies-only-once-to-construction-defect-action-involving-multiple-homes/) - [No Coverage for Claimed Property Damage and Loss of Income Where Insured Failed to Show "Accidental Direct Physical Loss"](https://insurlaw.com/no-coverage-for-claimed-property-damage-and-loss-of-income-where-insured-failed-to-show-accidental-direct-physical-loss/) - ["Following Form" Excess Liability Policy Does Not Include Uninsured Motorist/Underinsured Motorist Coverage Provided In Underlying Primary Policy](https://insurlaw.com/following-form-excess-liability-policy-does-not-include-uninsured-motorist-underinsured-motorist-coverage-provided-in-underlying-primary-policy/) - [Liability Insurer Not Obligated To Pay Insureds, Who Were Attorneys, For Time Spent Defending Themselves In Case](https://insurlaw.com/liability-insurer-not-obligated-to-pay-insureds-who-were-attorneys-for-time-spent-defending-themselves-in-case/) - [Court Has Discretion to Grant Declaratory Relief Before Requiring Insured to Submit Valuation Dispute to Appraisal](https://insurlaw.com/court-has-discretion-to-grant-declaratory-relief-before-requiring-insured-to-submit-valuation-dispute-to-appraisal/) - ["Prior Publication" Exclusion Relieves Insurer of Duty to Defend Insured Against Trademark Infringement Suit](https://insurlaw.com/prior-publication-exclusion-relieves-insurer-of-duty-to-defend-insured-against-trademark-infringement-suit/) - [Although Homeowners Insurer Has No Duty to Defend Insured Against "Personal Injury" Claims Arising From Sexual Assault Committed By Others, Personal Umbrella Insurer Does Have Such Duty](https://insurlaw.com/although-homeowners-insurer-has-no-duty-to-defend-insured-against-personal-injury-claims-arising-from-sexual-assault-committed-by-others-personal-umbrella-insurer-does-have-such-duty/) - [Excess Policy Does Not Cover Injury Occurring Prior to Issuance of Policy](https://insurlaw.com/excess-policy-does-not-cover-injury-occurring-prior-to-issuance-of-policy/) - [Participating Insurer's Equitable Contribution Claim Against Non-Participating Insurer Is Barred By Two-Year Statute of Limitations](https://insurlaw.com/participating-insurers-equitable-contribution-claim-against-non-participating-insurer-is-barred-by-two-year-statute-of-limitations/) - [Insurer’s Duty of Equitable Contribution for Defense Costs Arises Where, After Notice of Litigation, Diligent Inquiry Would Reveal Equitable Contribution Exposure](https://insurlaw.com/insurers-duty-of-equitable-contribution-for-defense-costs-arises-where-after-notice-of-litigation-diligent-inquiry-would-reveal-equitable-contribution-exposure/) - [In Accident Involving Tractor-Trailer Rig, Statute Makes Trailer Lessor’s Policy "Excess" To Tractor Owner’s Policy](https://insurlaw.com/in-accident-involving-tractor-trailer-rig-statute-makes-trailer-lessors-policy-excess-to-tractor-owners-policy/) - [Where Policy Expressly Provides for Defense Against Criminal Charges, Insurance Code Section 533.5(b) Does Not Relieve Insurer of Duty to Defend Insured Against Federal Criminal Indictment](https://insurlaw.com/where-policy-expressly-provides-for-defense-against-criminal-charges-insurance-code-section-533-5b-does-not-relieve-insurer-of-duty-to-defend-insured-against-federal-criminal-indictment/) - [Plumbing Leakage That Continued For One To Two Months Was Not "Sudden" And, Therefore, Was Excluded](https://insurlaw.com/plumbing-leakage-that-continued-for-one-to-two-months-was-not-sudden-and-therefore-was-excluded/) - ["Strict Compliance" With Warranty Provision Is Prerequisite for Coverage Under Policy](https://insurlaw.com/strict-compliance-with-warranty-provision-is-prerequisite-for-coverage-under-policy/) - [Personal Umbrella Insurer Has No Duty to Defend Insured Against Suit Based On Sexual Harassment / Battery](https://insurlaw.com/personal-umbrella-insurer-has-no-duty-to-defend-insured-against-suit-based-on-sexual-harassment-battery/) - [Extended Replacement Cost Provision Did Not Actually Increase Limit But Merely Provided for Potential Payment in Excess of Limit, So Insureds Still Had to Replace in Order to Recover Extended Amount](https://insurlaw.com/extended-replacement-cost-provision-did-not-actually-increase-limit-but-merely-provided-for-potential-payment-in-excess-of-limit-so-insureds-still-had-to-replace-in-order-to-recover-extended-amoun/) - [c](https://insurlaw.com/c-2/) - [b](https://insurlaw.com/b-2/) - [a](https://insurlaw.com/a-3/) - [Rescission Is Proper Where Applications Mischaracterize Nature of Claims Against Insured](https://insurlaw.com/rescission-is-proper-where-applications-mischaracterize-nature-of-claims-against-insured/) - [In Continuous Injury Case, Insured Cannot Trigger Defense Under Early Excess Policy When Insured Has Later Primary Policy With SIR](https://insurlaw.com/in-continuous-injury-case-insured-cannot-trigger-defense-under-early-excess-policy-when-insured-has-later-primary-policy-with-sir/) - [Insurer Must Defend Insured in Assault and Battery Case Where There is Possibility That Insured Acted in "Self-Defense"](https://insurlaw.com/insurer-must-defend-insured-in-assault-and-battery-case-where-there-is-possibility-that-insured-acted-in-self-defense/) - [Insured "Hires" or "Borrows" Vehicle Only If Insured Exercises Exclusive "Dominion and Control" Over Vehicle](https://insurlaw.com/insured-hires-or-borrows-vehicle-only-if-insured-exercises-exclusive-dominion-and-control-over-vehicle/) - [Insured Can Sue Insurance Adjuster for Negligent Misrepresentation and Intentional Infliction of Emotional Distress](https://insurlaw.com/insured-can-sue-insurance-adjuster-for-negligent-misrepresentation-and-intentional-infliction-of-emotional-distress/) - [Indemnity Agreements: Indemnity Clause Imposes Duty to "Defend" Even in Absence of Duty to "Indemnify"](https://insurlaw.com/indemnity-agreements-indemnity-clause-imposes-duty-to-defend-even-in-absence-of-duty-to-indemnify/) - [No Liability for Negligent Investigation Where Loss is Not Covered](https://insurlaw.com/no-liability-for-negligent-investigation-where-loss-is-not-covered/) - [EPL Exclusion Does Not Apply Where Subcontractor’s Employees Sue Insured](https://insurlaw.com/epl-exclusion-does-not-apply-where-subcontractors-employees-sue-insured/) - [D&O Insurer Not Obligated to Defend HOA for Breach of Contract](https://insurlaw.com/do-insurer-not-obligated-to-defend-hoa-for-breach-of-contract/) - [Insured's Act of Pruning Neighbor's Trees Is Not an "Occurrence"](https://insurlaw.com/insureds-act-of-pruning-neighbors-trees-is-not-an-occurrence/) - [Insurer Must Inform First-Party Claimant of Contractual Limitation Period, Even Where Claimant is Represented by Attorney](https://insurlaw.com/insurer-must-inform-first-party-claimant-of-contractual-limitation-period-even-where-claimant-is-represented-by-attorney/) - [Insurer Has No Duty to Defend Insured in Assault and Battery Case, Even Though Insured May Negligently Have Believed He Was Acting in "Self-Defense"](https://insurlaw.com/insurer-has-no-duty-to-defend-insured-in-assault-and-battery-case-even-though-insured-may-negligently-have-believed-he-was-acting-in-self-defense/) - [Statutory Violation Exclusions Relieve Insurers of Duty to Defend Insured Against Suits Based on Alleged Violation of Song-Beverly Act](https://insurlaw.com/statutory-violation-exclusions-relieve-insurers-of-duty-to-defend-insured-against-suits-based-on-alleged-violation-of-song-beverly-act/) - [Reservation of Rights in Environmental Cleanup Action Does Not Create Conflict of Interest Giving Insured Right to Independent Counsel](https://insurlaw.com/reservation-of-rights-in-environmental-cleanup-action-does-not-create-conflict-of-interest-giving-insured-right-to-independent-counsel/) - [Uninsured Motorist Insurer Cannot Deny Coverage Based on Exclusion Allowed By Statute But Not Actually Included in Policy](https://insurlaw.com/uninsured-motorist-insurer-cannot-deny-coverage-based-on-exclusion-allowed-by-statute-but-not-actually-included-in-policy/) - [Insured Entitled to Attempt to Prove Loss of Rents Claim, Even Though Building Was Not Actually Rented at Time of Loss](https://insurlaw.com/insured-entitled-to-attempt-to-prove-loss-of-rents-claim-even-though-building-was-not-actually-rented-at-time-of-loss/) - [Settling Insurers Cannot Obtain Contribution from Other Insurers Who Either Had No Notice or No Coverage](https://insurlaw.com/settling-insurers-cannot-obtain-contribution-from-other-insurers-who-either-had-no-notice-or-no-coverage/) - [Insurer That Initially Refuses to Defend May Not Later Intervene to Prevent Insured’s Settlement](https://insurlaw.com/insurer-that-initially-refuses-to-defend-may-not-later-intervene-to-prevent-insureds-settlement/) - [Despite "Supplementary Payments" Clause, Insurer May Not Indemnify Insured for Attorney’s Fees Awarded in Discrimination Case](https://insurlaw.com/despite-supplementary-payments-clause-insurer-may-not-indemnify-insured-for-attorneys-fees-awarded-in-discrimination-case/) - [Underinsured Motorist Coverage Not Triggered Where Injured Party’s Bodily Injury Limit is Equal to Tortfeasor’s "Combined Single Limit" for Bodily Injury and Property Damage](https://insurlaw.com/underinsured-motorist-coverage-not-triggered-where-injured-partys-bodily-injury-limit-is-equal-to-tortfeasors-combined-single-limit-for-bodily-injury-and-property-damage/) - [Following Auto Dealer’s Incomplete Transfer of Vehicle Title to Driver, Driver May Be Entitled to Coverage Under Auto Dealer’s "Garage Operations" Policy](https://insurlaw.com/following-auto-dealers-incomplete-transfer-of-vehicle-title-to-driver-driver-may-be-entitled-to-coverage-under-auto-dealers-garage-operations-policy/) - [Insurance Code Section 520 Does Not Invalidate "Consent-to-Assignment" Clause In Liability Policy](https://insurlaw.com/insurance-code-section-520-does-not-invalidate-consent-to-assignment-clause-in-liability-policy/) - [In Rental Car Transaction, Excess Insurer Has Limited Duty to Investigate Insurability and Can Rely on Misrepresentations to Avoid Coverage](https://insurlaw.com/in-rental-car-transaction-excess-insurer-has-limited-duty-to-investigate-insurability-and-can-rely-on-misrepresentations-to-avoid-coverage/) - [Arbitration Must Be Completed Before Insured May Pursue Lawsuit for UM/UIM Benefits](https://insurlaw.com/arbitration-must-be-completed-before-insured-may-pursue-lawsuit-for-um-uim-benefits/) - [Insurer Obligated to Indemnify for Pollution Remediation Where Covered and Non-Covered Event are Concurrent Causes of Indivisible Damage](https://insurlaw.com/insurer-obligated-to-indemnify-for-pollution-remediation-where-covered-and-non-covered-event-are-concurrent-causes-of-indivisible-damage/) - [Whether Person Qualifies as "Insured" For UM/UIM Claim Must Be Decided By Arbitrator](https://insurlaw.com/whether-person-qualifies-as-insured-for-um-uim-claim-must-be-decided-by-arbitrator/) - ["Claims Made" Policy Does Not Cover Claim Made During Policy Period Where Claim Involving "Interrelated Wrongful Acts" Was Made Before Policy Period](https://insurlaw.com/claims-made-policy-does-not-cover-claim-made-during-policy-period-where-claim-involving-interrelated-wrongful-acts-was-made-before-policy-period/) - [Liability Policies Covering "Occurrences" and "Wrongful Acts" During Policy Period Do Not Cover Insured's Alleged Tortious Conduct Before Policy Period](https://insurlaw.com/liability-policies-covering-occurrences-and-wrongful-acts-during-policy-period-do-not-cover-insureds-alleged-tortious-conduct-before-policy-period/) - [Liability Insurer's Reservation of Rights Regarding "Contractor's Special Condition" Triggers Conflict of Interest Requiring Independent Counsel](https://insurlaw.com/liability-insurers-reservation-of-rights-regarding-contractors-special-condition-triggers-conflict-of-interest-requiring-independent-counsel/) - [Plaintiff Who Settles Lawsuit Against Tortfeasor and Receives Payment From Tortfeasor's Insurer Under Liability Provision of Policy Is Not Barred From Later Suing Tortfeasor's Insurer for Alleged Breach of Duties Owed to Plaintiff Under Medical Payment Provision of Policy](https://insurlaw.com/plaintiff-who-settles-lawsuit-against-tortfeasor-and-receives-payment-from-tortfeasors-insurer-under-liability-provision-of-policy-is-not-barred-from-later-suing-tortfeasors-insurer-for-alleged-br/) - [First-Party Claimant May Pursue Cause of Action for Violation of Unfair Competition Law, Even Though Unfair Insurance Practices Act Does Not Allow a "Private" Cause of Action for Same Conduct](https://insurlaw.com/first-party-claimant-may-pursue-cause-of-action-for-violation-of-unfair-competition-law-even-though-unfair-insurance-practices-act-does-not-allow-a-private-cause-of-action-for-same-conduct/) - [Once Insured's Liability Becomes Reasonably Clear, Insurer Has Duty to Attempt Settlement, Even Absent Demand from Claimant](https://insurlaw.com/once-insureds-liability-becomes-reasonably-clear-insurer-has-duty-to-attempt-settlement-even-absent-demand-from-claimant/) - [When Auto Insurer Elects To Repair Vehicle to Pre-Accident Condition, Insurer Is Not Also Required to Pay for Resulting "Diminution in Value" to Vehicle](https://insurlaw.com/when-auto-insurer-elects-to-repair-vehicle-to-pre-accident-condition-insurer-is-not-also-required-to-pay-for-resulting-diminution-in-value-to-vehicle/) - [Although Additional Insured Endorsements Purportedly Limit Coverage to "Ongoing Operations," Insurer Has Duty to Defend Additional Insured Against Construction Defect Lawsuits](https://insurlaw.com/although-additional-insured-endorsements-purportedly-limit-coverage-to-ongoing-operations-insurer-has-duty-to-defend-additional-insured-against-construction-defect-lawsuits/) - ["Faulty Workmanship" Exclusions Do Not Relieve Insurer of Duty to Indemnify Insured for Damage to Insured's Non-Defective Work Occurring Before Completion of Work](https://insurlaw.com/faulty-workmanship-exclusions-do-not-relieve-insurer-of-duty-to-indemnify-insured-for-damage-to-insureds-non-defective-work-occurring-before-completion-of-work/) - [General Liability Insurer Has No Duty to Defend Pharmaceutical Manufacturer Against Governmental Lawsuits Alleging Fraudulent Scheme to Promote Opioid Use](https://insurlaw.com/general-liability-insurer-has-no-duty-to-defend-pharmaceutical-manufacturer-against-governmental-lawsuits-alleging-fraudulent-scheme-to-promote-opioid-use/) - [Reasonable Expectations of Named Insured May Differ From Those of Additional Insured](https://insurlaw.com/reasonable-expectations-of-named-insured-may-differ-from-those-of-additional-insured/) - [Insurance Broker Owes No Duty To Client To Investigate Financial Condition Of Insurer Before Placing Client's Insurance With Insurer](https://insurlaw.com/insurance-broker-owes-no-duty-to-client-to-investigate-financial-condition-of-insurer-before-placing-clients-insurance-with-insurer/) - [Commercial Auto Policy's "Employee" Exclusion Does Not Relieve Insurer Of Duty To Defend Insured When There Is Factual Dispute As To Whether Claimant Was "Employee" Or "Independent Contractor" Of Insured](https://insurlaw.com/commercial-auto-policys-employee-exclusion-does-not-relieve-insurer-of-duty-to-defend-insured-when-there-is-factual-dispute-as-to-whether-claimant-was-employee-or-independent-contractor/) - [Liability Insurer Has No Duty to Defend Insured Steel Subcontractor Against Suit Arising From Installation of Allegedly Inadequate Seismic Tie Hooks in Building](https://insurlaw.com/liability-insurer-has-no-duty-to-defend-insured-steel-subcontractor-against-suit-arising-from-installation-of-allegedly-inadequate-seismic-tie-hooks-in-building/) - ["Personal and Advertising Injury" Coverage for "Disparagement" Is Not Triggered Where Insured's Advertisements Do Not Specifically Refer To and Clearly Derogate Claimant's Products](https://insurlaw.com/personal-and-advertising-injury-coverage-for-disparagement-is-not-triggered-where-insureds-advertisements-do-not-specifically-refer-to-and-clearly-derogate-claimants-products/) - [General Liability Policy With Products-Completed Operations Coverage and Professional Services Exclusion Does Not Relieve Insurer of Duty to Defend Insured Engineer Against Suit Alleging Negligent Construction of Dam](https://insurlaw.com/general-liability-policy-with-products-completed-operations-coverage-and-professional-services-exclusion-does-not-relieve-insurer-of-duty-to-defend-insured-engineer-against-suit-alleging-negligent-con/) - [Sums Paid In Settlement of Pollution Claims Are Not "Damages" Under Excess Policies](https://insurlaw.com/sums-paid-in-settlement-of-pollution-claims-are-not-damages-under-excess-policies/) - [Insurer Who Covers Property Manager as Additional Insured is Entitled to Contribution from Insurer Who Covers Property Manager as Named Insured](https://insurlaw.com/insurer-who-covers-property-manager-as-additional-insured-is-entitled-to-contribution-from-insurer-who-covers-property-manager-as-named-insured/) - [Insurer Must Defend Insured in Assault and Battery Case Where Insured’s Agent Might Have Acted in "Self-Defense"](https://insurlaw.com/insurer-must-defend-insured-in-assault-and-battery-case-where-insureds-agent-might-have-acted-in-self-defense/) - [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](https://insurlaw.com/pursuant-to-going-and-coming-rules-required-vehicle-exception-employee-is-insured-for-accident-while-driving-to-work-and-employers-liability-thus-falls-within-auto-exclusion-of-c/) - [Where Insured Contends Insurer Fraudulently Induced Settlement Agreement, Insured Cannot Affirm Agreement and Sue for Damages, But Instead Must Seek Rescission](https://insurlaw.com/where-insured-contends-insurer-fraudulently-induced-settlement-agreement-insured-cannot-affirm-agreement-and-sue-for-damages-but-instead-must-seek-rescission/) - [California Supreme Court Watch](https://insurlaw.com/california-supreme-court-watch-2/) - ["Development/Construction Exclusion" Applies Only If Insured - Not Another Party - Engages in Excluded Activity](https://insurlaw.com/development-construction-exclusion-applies-only-if-insured-not-another-party-engages-in-excluded-activity/) - [Where Two Insureds Have Separate Policies Covering Same Property, Each Insurer Must Pay Only Part of Loss](https://insurlaw.com/where-two-insureds-have-separate-policies-covering-same-property-each-insurer-must-pay-only-part-of-loss/) - [Insurer's Alleged Right to Equitable Offset Does Not Affect Amount of Damages Suffered By Insured, Only Amount of Damages That Can Be Recovered By Insured](https://insurlaw.com/insurers-alleged-right-to-equitable-offset-does-not-affect-amount-of-damages-suffered-by-insured-only-amount-of-damages-that-can-be-recovered-b/) - [General Liability Policy's "Intellectual Property" Exclusion Bars Coverage for Insured's Alleged Misappropriation of Claimant's Name](https://insurlaw.com/general-liability-policys-intellectual-property-exclusion-bars-coverage-for-insureds-alleged-misappropriation-of-claimants-name/) - [Transient's "Warming" Fire That Became Uncontrolled Is Not "Vandalism" For Purposes of "Vacancy" Exclusion](https://insurlaw.com/transients-warming-fire-that-became-uncontrolled-is-not-vandalism-for-purposes-of-vacancy-exclusion/) - [Where Two UM Policies Have Different Limits, Pro-Rata Provision in One Policy Controls Over Excess Provision in Other Policy](https://insurlaw.com/where-two-um-policies-have-different-limits-pro-rata-provision-in-one-policy-controls-over-excess-provision-in-other-policy/) - [Auto Exclusions in CGL Policy Covering Special Event Do Not Eliminate Insurer’s Duty to Defend](https://insurlaw.com/auto-exclusions-in-cgl-policy-covering-special-event-do-not-eliminate-insurers-duty-to-defend/) - [Auto Insurer Has No Duty to Defend Shuttle Company in Suit Arising from Employee’s Sexual Assault of Passenger](https://insurlaw.com/auto-insurer-has-no-duty-to-defend-shuttle-company-in-suit-arising-from-employees-sexual-assault-of-passenger/) - [In Reinsurance Dispute, Ceding Insurer "Invites Error" By Agreeing to Jury Instruction Regarding Statute of Limitations Issue](https://insurlaw.com/in-reinsurance-dispute-ceding-insurer-invites-error-by-agreeing-to-jury-instruction-regarding-statute-of-limitations-issue/) - [Bodily Injury Claim Against Interstate Trucker Is Not Covered By Basic Commercial Auto Policy, But Is Covered By MCS-90 Financial Responsibility Endorsement](https://insurlaw.com/bodily-injury-claim-against-interstate-trucker-is-not-covered-by-basic-commercial-auto-policy-but-is-covered-by-mcs-90-financial-responsibility-endorsement/) - [Primary Auto Insurer Entitled to Contribution from Excess Auto Insurer for Defense Fees Pursuant to Insurance Code Section 11580.9(g)](https://insurlaw.com/primary-auto-insurer-entitled-to-contribution-from-excess-auto-insurer-for-defense-fees-pursuant-to-insurance-code-section-11580-9g/) - [Pollution Exclusion Bars Coverage for Insured’s Liability for Odors and Dust Emanating from Compost Facility](https://insurlaw.com/pollution-exclusion-bars-coverage-for-insureds-liability-for-odors-and-dust-emanating-from-compost-facility/) - [Misrepresentations on Application Allow Liability Insurer to Rescind Policy and Obtain Reimbursement of Defense/Settlement Costs](https://insurlaw.com/misrepresentations-on-application-allow-liability-insurer-to-rescind-policy-and-obtain-reimbursement-of-defense-settlement-costs/) - [Despite Uncertainty Concerning Who Actually Employed Worker Killed in Accident, Insured Is Not Entitled to Defense Under "Employers' Liability" Coverage](https://insurlaw.com/despite-uncertainty-concerning-who-actually-employed-worker-killed-in-accident-insured-is-not-entitled-to-defense-under-employers-liability-coverage/) - [Insurer Has Duty to Defend Insureds Against Taxpayer Suit Seeking Both Injunctive Relief and "Damages"](https://insurlaw.com/insurer-has-duty-to-defend-insureds-against-taxpayer-suit-seeking-both-injunctive-relief-and-damages/) - [Pollution Claims Do Not Fall Within CGL Insuring Agreements](https://insurlaw.com/pollution-claims-do-not-fall-within-cgl-insuring-agreements/) - [Insured’s Solicitation of Competitor's Customers is Not "Advertising"](https://insurlaw.com/insureds-solicitation-of-competitors-customers-is-not-advertising/) - [No Coverage for Liability Arising From Sale of Real Property](https://insurlaw.com/no-coverage-for-liability-arising-from-sale-of-real-property/) - [Insurers Have No Duty to Defend Insured in Class Actions Alleging Product Defects in Video Game System](https://insurlaw.com/insurers-have-no-duty-to-defend-insured-in-class-actions-alleging-product-defects-in-video-game-system/) - [Insurer Cannot Enforce Time Limit to Collect Replacement Cost Benefits Where Insurer Fails to Promptly Advise Insured Regarding Estimated Replacement Cost and Engages in Other Delays](https://insurlaw.com/insurer-cannot-enforce-time-limit-to-collect-replacement-cost-benefits-where-insurer-fails-to-promptly-advise-insured-regarding-estimated-replacement-cost-and-engages-in-other-delays/) - [Policy Covering "Disparagement" Requires Insurer To Defend Insured Against Suit Alleging That Insured Improperly Sold Claimant's Products At "Close-Out" Prices](https://insurlaw.com/policy-covering-disparagement-requires-insurer-to-defend-insured-against-suit-alleging-that-insured-improperly-sold-claimants-products-at-close-out-prices/) - [Insurer Entitled To Reimbursement From Insured Of Sums Paid In Settlement Of "Slumlord" Suit](https://insurlaw.com/insurer-entitled-to-reimbursement-from-insured-of-sums-paid-in-settlement-of-slumlord-suit/) - [Commercial Auto Policy's "Mechanical Device" Exclusion Applies Only When Device Is Used in Movement of Property To or From Covered Auto](https://insurlaw.com/commercial-auto-policys-mechanical-device-exclusion-applies-only-when-device-is-used-in-movement-of-property-to-or-from-covered-auto/) - ["Actual Cash Value" Amount Listed in Declarations Is Limit, and Does Not Create "Valued" Property Policy](https://insurlaw.com/actual-cash-value-amount-listed-in-declarations-is-limit-and-does-not-create-valued-property-policy/) - [Insured Only Required to Exhaust Tortfeasor’s Motor Vehicle or Automobile Bodily Injury Liability Coverage Before Seeking Underinsured Motorist Coverage](https://insurlaw.com/insured-only-required-to-exhaust-tortfeasors-motor-vehicle-or-automobile-bodily-injury-liability-coverage-before-seeking-underinsured-motorist-coverage/) - [Insured’s "Unintentional" But "Material" Misrepresentations in Application Give Marine Insurer Right to Rescind](https://insurlaw.com/insureds-unintentional-but-material-misrepresentations-in-application-give-marine-insurer-right-to-rescind/) - [Policy Issued in Texas But to Be Performed in California Must Be Interpreted Under California Law; Duty to Defend Found](https://insurlaw.com/policy-issued-in-texas-but-to-be-performed-in-california-must-be-interpreted-under-california-law-duty-to-defend-found/) - [No UM Benefits Due When Vehicle Owner and Operator are Covered by Personal Umbrella Policy](https://insurlaw.com/no-um-benefits-due-when-vehicle-owner-and-operator-are-covered-by-personal-umbrella-policy/) - [Defective Computer Chips Incorporated Into Disk Drives Do Not Cause "Property Damage"](https://insurlaw.com/defective-computer-chips-incorporated-into-disk-drives-do-not-cause-property-damage/) - [Excess Judgment Required Before Excess Insurer Can Sue Primary Insurer for Failure to Settle](https://insurlaw.com/excess-judgment-required-before-excess-insurer-can-sue-primary-insurer-for-failure-to-settle/) - [Appraisers Are Not Authorized to Determine Cause of Loss](https://insurlaw.com/appraisers-are-not-authorized-to-determine-cause-of-loss/) - [Government's Suit Against Insured for Violation of Housing Laws Is Not Potentially Covered As "Wrongful Eviction, Wrongful Entry and Invasion of Right of Private Occupancy," But Is Potentially Covered As "Discrimination"](https://insurlaw.com/governments-suit-against-insured-for-violation-of-housing-laws-is-not-potentially-covered-as-wrongful-eviction-wrongful-entry-and-invasion-of-right-of-private-occupancy-but-is-potentially-cove/) - [Insurer Cannot Pursue "Equitable Subrogation" Claim Against Insured’s Broker For Negligently Failing To Procure Other Insurance Covering Insured](https://insurlaw.com/insurer-cannot-pursue-equitable-subrogation-claim-against-insureds-broker-for-negligently-failing-to-procure-other-insurance-covering-insured/) - [Non-Admitted Insurer Not Bound By Retail Broker’s Issuance of Additional Insured Endorsement](https://insurlaw.com/non-admitted-insurer-not-bound-by-retail-brokers-issuance-of-additional-insured-endorsement/) - [Innocent Co-Insured Exclusion Not Enforceable Under First-Party Fire Policy](https://insurlaw.com/innocent-co-insured-exclusion-not-enforceable-under-first-party-fire-policy/) - [Exclusion for Water That "Backs Up or Overflows" From Sewer or Drain Applies Even Where Blockage Prevents Water From Ever Entering Sewer or Drain](https://insurlaw.com/exclusion-for-water-that-backs-up-or-overflows-from-sewer-or-drain-applies-even-where-blockage-prevents-water-from-ever-entering-sewer-or-drain/) - [Where Liability Policy Only Covers Additional Insured for Vicarious Liability of Named Insured, Claim By Additional Insured Against Named Insured Does Not Fall Within Exclusion for "Inter-Insured Claims"](https://insurlaw.com/where-liability-policy-only-covers-additional-insured-for-vicarious-liability-of-named-insured-claim-by-additional-insured-against-named-insured-does-not-fall-within-exclusion-for-inter-insured-cla/) - [Insurance Code Section 533 Does Not Necessarily Bar Coverage for Claims Alleging Breach of Fiduciary Duty](https://insurlaw.com/insurance-code-section-533-does-not-necessarily-bar-coverage-for-claims-alleging-breach-of-fiduciary-duty/) - [Insurer May Rescind Policy Based On Insured’s Failure to Disclose Prior Loss History](https://insurlaw.com/insurer-may-rescind-policy-based-on-insureds-failure-to-disclose-prior-loss-history/) - [Liability Policy Covers Property Damage Occurring During Policy Period, Even Though Claimant Does Not Own Property Until After Policy Period](https://insurlaw.com/liability-policy-covers-property-damage-occurring-during-policy-period-even-though-claimant-does-not-own-property-until-after-policy-period/) - [a](https://insurlaw.com/a-2/) - [Liability Policy's "Intellectual Property Rights" Exclusion Bars Coverage for Insured's Alleged Misappropriation of Claimant's Image and Likeness](https://insurlaw.com/liability-policys-intellectual-property-rights-exclusion-bars-coverage-for-insureds-alleged-misappropriation-of-claimants-image-and-likeness/) - ["Pollution" Exclusion Eliminates Coverage for First-Party Asbestos Contamination](https://insurlaw.com/pollution-exclusion-eliminates-coverage-for-first-party-asbestos-contamination/) - [Personal Auto Policy's "Non-Owned" Auto Coverage Inapplicable Where Insured Had "Regular Use" of Company Vehicle](https://insurlaw.com/personal-auto-policys-non-owned-auto-coverage-inapplicable-where-insured-had-regular-use-of-company-vehicle/) - [General Liability Insurer Has No Duty to Defend Massage Company's Employee Against Suit Alleging Employee's Sexual Assault of Client](https://insurlaw.com/general-liability-insurer-has-no-duty-to-defend-massage-companys-employee-against-suit-alleging-employees-sexual-assault-of-client/) - [Loss Payee Who Owns First and Second Loans and Forecloses on Second by Making "Full Credit Bid" Cannot Recover from Insurer for Property Damage](https://insurlaw.com/loss-payee-who-owns-first-and-second-loans-and-forecloses-on-second-by-making-full-credit-bid-cannot-recover-from-insurer-for-property-damage/) - [Auto Insurer Cannot Exclude Coverage for Insured's Liability to Non-Relative Resident of Household](https://insurlaw.com/auto-insurer-cannot-exclude-coverage-for-insureds-liability-to-non-relative-resident-of-household/) - ["Professional Services" Exclusion Does Not Relieve General Liability Insurer of Duty to Defend Insured Consultant Against Claims Arising From Injury to Worker at Job Site](https://insurlaw.com/professional-services-exclusion-does-not-relieve-general-liability-insurer-of-duty-to-defend-insured-consultant-against-claims-arising-from-injury-to-worker-at-job-site/) - [Delays in Handling Fire Claim Support Award for Emotional Distress, Attorney's Fees and Punitive Damages](https://insurlaw.com/delays-in-handling-fire-claim-support-award-for-emotional-distress-attorneys-fees-and-punitive-damages/) - [Third-Party Claimant's Failure to Make Effective "Policy Limits Demand" Against Correct Insured Insulates Insurer From Liability for Failure to Settle](https://insurlaw.com/third-party-claimants-failure-to-make-effective-policy-limits-demand-against-correct-insured-insulates-insurer-from-liability-for-failure-to-settle/) - [Because Appraisal Panel Only Decided "Amount" of Loss, Court Could Confirm Amount of Award but Could Not Enter Money Judgment](https://insurlaw.com/because-appraisal-panel-only-decided-amount-of-loss-court-could-confirm-amount-of-award-but-could-not-enter-money-judgment/) - ["Cross-Suits" Exclusion Relieves Insurer of Duty to Defend Named Insured Against Suit Brought by Additional Insured](https://insurlaw.com/cross-suits-exclusion-relieves-insurer-of-duty-to-defend-named-insured-against-suit-brought-by-additional-insured/) - [Insurer's Failure to Accept Policy Limit Demand That Preserved Claimants' Right to Recover Criminal Restitution Against Insured Renders Insurer Liable for Subsequent "Excess Judgment"](https://insurlaw.com/insurers-failure-to-accept-policy-limit-demand-that-preserved-claimants-right-to-recover-criminal-restitution-against-insured-renders-insurer-liable-for-subsequent-excess-judgment/) - [California Supreme Court Watch](https://insurlaw.com/california-supreme-court-watch/) - [Insurer Properly Denied First-Party Claim Where Contractor’s Negligence Damaged Pipe, Which Caused Corrosion, Seepage and Leakage and Mold](https://insurlaw.com/insurer-properly-denied-first-party-claim-where-contractors-negligence-damaged-pipe-which-caused-corrosion-seepage-and-leakage-and-mold/) - [Third-Party Claimant Does Not Have Standing to Bring Declaratory Relief Action Against Insured’s Liability Insurer](https://insurlaw.com/third-party-claimant-does-not-have-standing-to-bring-declaratory-relief-action-against-insureds-liability-insurer/) - [Bad Faith and Punitive Damages Award Upheld Where Insurer Conducted Biased Investigation, Judge Excluded Evidence of Insured’s Prior Violent and Dishonest Acts, and Judge Excluded Recorded Statements as Hearsay](https://insurlaw.com/bad-faith-and-punitive-damages-award-upheld-where-insurer-conducted-biased-investigation-judge-excluded-evidence-of-insureds-prior-violent-and-dishonest-acts-and-judge-excluded-recorded-sta/) - [Insured Can "Stack" Policy Limits Across All Applicable Policy Periods in Cases of Continuous and Progress Property Damage / Bodily Injury](https://insurlaw.com/insured-can-stack-policy-limits-across-all-applicable-policy-periods-in-cases-of-continuous-and-progress-property-damage-bodily-injury/) - [Judgment Creditor Cannot Recover Costs and Interest in Direct Action against Guarantee Association](https://insurlaw.com/judgment-creditor-cannot-recover-costs-and-interest-in-direct-action-against-guarantee-association/) - [Issues Regarding Bad Faith Must Be Resolved Before Insurer Can Compel Arbitration of Independent Counsel Fees](https://insurlaw.com/issues-regarding-bad-faith-must-be-resolved-before-insurer-can-compel-arbitration-of-independent-counsel-fees/) - [Although Insured's Insolvency Renders It Unable to Pay Self-Insured Retention, That Does Not Relieve Insurer of Duty to Pay Covered Portion of Judgment](https://insurlaw.com/although-insureds-insolvency-renders-it-unable-to-pay-self-insured-retention-that-does-not-relieve-insurer-of-duty-to-pay-covered-portion-of-judgment/) - [In Auto Coverage Dispute, After Exhaustion of "Primary" Policy, All Policies Covering Negligent Driver Must Exhaust Before Any Policies Covering Vicariously Liable Employer Will Apply](https://insurlaw.com/in-auto-coverage-dispute-after-exhaustion-of-primary-policy-all-policies-covering-negligent-driver-must-exhaust-before-any-policies-covering-vicariously-liable-employer-will-apply/) - [Broker Has No Duty to Procure Insurance Beyond What Insured Requests](https://insurlaw.com/broker-has-no-duty-to-procure-insurance-beyond-what-insured-requests/) - [Statutes Do Not Require, and Automobile Policies Do Not Provide, Underinsured Motorist Coverage for Named Insured's Non-Resident Daughter Killed While Pedestrian](https://insurlaw.com/statutes-do-not-require-and-automobile-policies-do-not-provide-underinsured-motorist-coverage-for-named-insureds-non-resident-daughter-killed-while-pedestrian/) - [Cracking of Underground Tank's Sheathing Was Not "Collapse" Where Policy Expressly Stated That "Collapse" Did Not Include "Cracking"](https://insurlaw.com/cracking-of-underground-tanks-sheathing-was-not-collapse-where-policy-expressly-stated-that-collapse-did-not-include-cracking/) - [Insurer Not Entitled to Rescind Based on Insured's Answers to Ambiguous Questions in Application](https://insurlaw.com/insurer-not-entitled-to-rescind-based-on-insureds-answers-to-ambiguous-questions-in-application/) - [Insurer Has No Duty to Cover Costs Awarded In Connection with Claims that Are Not Potentially Covered](https://insurlaw.com/insurer-has-no-duty-to-cover-costs-awarded-in-connection-with-claims-that-are-not-potentially-covered/) - [Toxic Tort Claims Against Insured Barred by "Seepage / Pollution / Contamination" Exclusion, and Insured Fails to Satisfy Conditions of "Buy Back" Coverage](https://insurlaw.com/toxic-tort-claims-against-insured-barred-by-seepage-pollution-contamination-exclusion-and-insured-fails-to-satisfy-conditions-of-buy-back-coverage/) - [In Suit Alleging Property Damage Occurring Over Multiple Years, Successive Primary Insurers Must Contribute Toward Insured's Defense Costs, Notwithstanding "Other Insurance" Language in One Insurer's Policy](https://insurlaw.com/in-suit-alleging-property-damage-occurring-over-multiple-years-successive-primary-insurers-must-contribute-toward-insureds-defense-costs-notwithstanding-other-insurance-language-in-one-insurer/) - [After Insured Defaults, Liability Insurer Can Intervene In Action to Contest Both Liability and Damages](https://insurlaw.com/after-insured-defaults-liability-insurer-can-intervene-in-action-to-contest-both-liability-and-damages/) - [Product Recall/Withdrawal Coverage Does Not Apply Where Insured's Errors Did Not Cause Contamination or Subsequent FDA Product Advisory](https://insurlaw.com/product-recall-withdrawal-coverage-does-not-apply-where-insureds-errors-did-not-cause-contamination-or-subsequent-fda-product-advisory/) - [In Contribution Action, Once Participating Insurer Proves "Potential for Coverage," Non-Participating Insurer Must Prove "Absence of Actual Coverage"](https://insurlaw.com/in-contribution-action-once-participating-insurer-proves-potential-for-coverage-non-participating-insurer-must-prove-absence-of-actual-coverage/) - [Insured's Numerous Misrepresentations About Alleged Theft Justify Denial of Claim](https://insurlaw.com/insureds-numerous-misrepresentations-about-alleged-theft-justify-denial-of-claim/) - ["Personal and Advertising Injury" Coverage for "Disparagement" Not Triggered Where Insured's Advertisements Do Not Mention Claimant's Products](https://insurlaw.com/personal-and-advertising-injury-coverage-for-disparagement-not-triggered-where-insureds-advertisements-do-not-mention-claimants-products/) - [Fire Insurer Must Promptly Object to Late Notice of Claim, and Must Establish Substantial Prejudice From Failure to Submit Sworn Proof of Loss](https://insurlaw.com/fire-insurer-must-promptly-object-to-late-notice-of-claim-and-must-establish-substantial-prejudice-from-failure-to-submit-sworn-proof-of-loss/) - [Late Notice Excused Under "Claims Made and Reported" Policy](https://insurlaw.com/late-notice-excused-under-claims-made-and-reported-policy/) - [Vacancy Exclusion Applies to Building During Renovation](https://insurlaw.com/vacancy-exclusion-applies-to-building-during-renovation/) - [Carrier Recovers Defense Costs for Non-Covered Claims](https://insurlaw.com/carrier-recovers-defense-costs-for-non-covered-claims/) - [Insurer's Duty to Defend Is Not Subject to Policy's Self-Insured Retention Provision Unless Expressly Provided For by Policy](https://insurlaw.com/insurers-duty-to-defend-is-not-subject-to-policys-self-insured-retention-provision-unless-expressly-provided-for-by-policy/) - [Trial Court Has Discretion to Defer Appraisal Until Resolution of Declaratory Relief Action Regarding Method of Calculating Depreciation](https://insurlaw.com/trial-court-has-discretion-to-defer-appraisal-until-resolution-of-declaratory-relief-action-regarding-method-of-calculating-depreciation/) - [Auto Exclusion in Homeowners Policy Bars Coverage Where Insured's Negligent Supervision Exposes Victim to Risk of Negligent Operation of Auto](https://insurlaw.com/auto-exclusion-in-homeowners-policy-bars-coverage-where-insureds-negligent-supervision-exposes-victim-to-risk-of-negligent-operation-of-auto/) - ["Non-Owned" Auto Coverage Does Not Apply Where Non-Owned Vehicle Is "Furnished or Available" for Insured's "Regular Use"](https://insurlaw.com/non-owned-auto-coverage-does-not-apply-where-non-owned-vehicle-is-furnished-or-available-for-insureds-regular-use/) - [D&O Policy Does Not Cover Liability Arising From Organization’s Alleged Default on Bonds](https://insurlaw.com/do-policy-does-not-cover-liability-arising-from-organizations-alleged-default-on-bonds/) - [Vacancy Exclusion’s Exception for Building "Under Construction" Applies to Renovations and Additions](https://insurlaw.com/vacancy-exclusions-exception-for-building-under-construction-applies-to-renovations-and-additions/) - [Insured Cannot File One Suit for Contract Damages and Another Suit for Bad Faith Damages](https://insurlaw.com/insured-cannot-file-one-suit-for-contract-damages-and-another-suit-for-bad-faith-damages/) - [Under Claims-Made Policy, Claim is "First Brought" Insured Where Receives Demand Letter](https://insurlaw.com/under-claims-made-policy-claim-is-first-brought-insured-where-receives-demand-letter/) - [Insurer Can Rescind Based on Material Misrepresentation in Application](https://insurlaw.com/insurer-can-rescind-based-on-material-misrepresentation-in-application/) - [Statute of Limitations May Be Tolled Where Alleged Tortfeasor or Liability Insurer Makes Advance Payment to Injured Person Without Notifying Such Person of Applicable Limitations Period](https://insurlaw.com/statute-of-limitations-may-be-tolled-where-alleged-tortfeasor-or-liability-insurer-makes-advance-payment-to-injured-person-without-notifying-such-person-of-applicable-limitations-period/) - [Where Insurer's Failure to Pay Property Claim Prevents Insured From Making Repairs, Insured is Entitled to "Conditional" Award of Replacement Cost, But Ultimately Must Still Complete Repairs in Order to Recover Replacement Cost Benefits](https://insurlaw.com/where-insurers-failure-to-pay-property-claim-prevents-insured-from-making-repairs-insured-is-entitled-to-conditional-award-of-replacement-cost-but-ultimately-must-still-complete-repairs-in-ord/) - [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](https://insurlaw.com/insurers-failure-to-follow-own-underwriting-guidelines-investigation-requirements-does-not-prevent-insurer-from-later-raising-insureds-material-misrepresentation-on-application-as-defense-to-cov/) - [Policy's "Anti- Montrose " Endorsements Do Not Eliminate Insurer's Duty to Defend Insured in "Continuous and Progressively-Deteriorating" Property Damage Case](https://insurlaw.com/policys-anti-montrose-endorsements-do-not-eliminate-insurers-duty-to-defend-insured-in-continuous-and-progressively-deteriorating-property-damage-case/) - [Insurer Acts in Bad Faith in Failing to Defend and Indemnify Insured Bishop In Suit Arising From Priest's Sexual Molestation of Parishioner](https://insurlaw.com/insurer-acts-in-bad-faith-in-failing-to-defend-and-indemnify-insured-bishop-in-suit-arising-from-priests-sexual-molestation-of-parishioner/) - [Although Landslide Results in Damage During Successive Policy Periods, There Is Only One "Occurrence" For Purposes of Limits](https://insurlaw.com/although-landslide-results-in-damage-during-successive-policy-periods-there-is-only-one-occurrence-for-purposes-of-limits/) - [Insurer Has No Duty to Defend or Indemnify Landlord Against Breach of Lease Claim Brought by Tenant](https://insurlaw.com/insurer-has-no-duty-to-defend-or-indemnify-landlord-against-breach-of-lease-claim-brought-by-tenant/) - [Inadequate Investigation of Fungus/Collapse Claim Exposes Insurer to Bad Faith Liability](https://insurlaw.com/inadequate-investigation-of-fungus-collapse-claim-exposes-insurer-to-bad-faith-liability/) - [Employment-Related Practices Exclusion Relieves General Liability Insurer of Duty to Defend Insured Employer Against Suit Arising from Alleged Strip Search of Employees](https://insurlaw.com/employment-related-practices-exclusion-relieves-general-liability-insurer-of-duty-to-defend-insured-employer-against-suit-arising-from-alleged-strip-search-of-employees/) - [Whether Producer Was "Broker" or "Agent" Was Question of Fact Where Insurer Sought to Rescind Due to Misrepresentations on Application](https://insurlaw.com/whether-producer-was-broker-or-agent-was-question-of-fact-where-insurer-sought-to-rescind-due-to-misrepresentations-on-application/) - [Policy Which Describes Tractor Portion of Tractor/Trailer Rig Is "Primary" to Policy Which Does Not Describe Any Portion of Rig](https://insurlaw.com/policy-which-describes-tractor-portion-of-tractor-trailer-rig-is-primary-to-policy-which-does-not-describe-any-portion-of-rig/) - ["Pollution" Exclusion Bars Coverage for Liability Arising From Insured’s Release of Solvent Into Public Sewer System](https://insurlaw.com/pollution-exclusion-bars-coverage-for-liability-arising-from-insureds-release-of-solvent-into-public-sewer-system/) - ["Absolute" Mold Exclusion is Valid, Even Though Covered Water Damage is Predominant Cause of Mold](https://insurlaw.com/absolute-mold-exclusion-is-valid-even-though-covered-water-damage-is-predominant-cause-of-mold/) - [Independent Adjuster Was Not "Sham" Defendant Where Insureds Alleged That Adjuster Negligently Caused Additional Property Damage](https://insurlaw.com/independent-adjuster-was-not-sham-defendant-where-insureds-alleged-that-adjuster-negligently-caused-additional-property-damage/) - ["All-Sums-With-Stacking" Allocation Rule Applies To Indemnification In Continuous Injury Case](https://insurlaw.com/all-sums-with-stacking-allocation-rule-applies-to-indemnification-in-continuous-injury-case/) - [Appraisers of Building Fire Damage Not Required to Assign Loss Values to Items That Are Undamaged or Demonstrably Never Existed](https://insurlaw.com/appraisers-of-building-fire-damage-not-required-to-assign-loss-values-to-items-that-are-undamaged-or-demonstrably-never-existed/) - [Limitation Period on Suit for Defense Costs is Tolled](https://insurlaw.com/limitation-period-on-suit-for-defense-costs-is-tolled/) - [Detrimental Reliance on Insurer’s Investigation Bars Limitation Defense](https://insurlaw.com/detrimental-reliance-on-insurers-investigation-bars-limitation-defense/) - [New Statute Bars "Type I" Indemnity in Residential Defect Claims](https://insurlaw.com/new-statute-bars-type-i-indemnity-in-residential-defect-claims/) - [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](https://insurlaw.com/if-insurers-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-responsib/) - [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](https://insurlaw.com/where-insurer-satisfies-blue-ridge-requirements-for-seeking-reimbursement-of-uncovered-settlement-from-insured-insurer-need-not-also-give-insured-sufficient-time-to-res/) - [Controlling Shareholder of Insured Corporation Does Not Have "Standing" to Seek Declaratory Relief Against Corporation's Insurers](https://insurlaw.com/controlling-shareholder-of-insured-corporation-does-not-have-standing-to-seek-declaratory-relief-against-corporations-insurers/) - [Agent/Broker Who Claims to Have Special Knowledge of Insured’s Business Assumes Special Duty to Obtain Proper Coverage](https://insurlaw.com/agent-broker-who-claims-to-have-special-knowledge-of-insureds-business-assumes-special-duty-to-obtain-proper-coverage/) - [Policies Do Not Cover Damages and Statutory Attorney’s Fees Arising from Insureds’ False Imprisonment and Exploitation of Domestic Servant](https://insurlaw.com/policies-do-not-cover-damages-and-statutory-attorneys-fees-arising-from-insureds-false-imprisonment-and-exploitation-of-domestic-servant/) - [Liability Insurer Successfully Defends Suit Seeking Refund of Advance Premiums](https://insurlaw.com/liability-insurer-successfully-defends-suit-seeking-refund-of-advance-premiums/) - [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"](https://insurlaw.com/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-complet/) - [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](https://insurlaw.com/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-2860s-arbitration-remedy-in/) - [Insurer Has No Duty to Defend Insured Against Suit Alleging Violations of California Safe Drinking Water and Toxic Enforcement Act](https://insurlaw.com/insurer-has-no-duty-to-defend-insured-against-suit-alleging-violations-of-california-safe-drinking-water-and-toxic-enforcement-act/) - [Exclusion for "Condominium and Townhouse Projects" Bars Coverage for Insured's Work on Condominium Project](https://insurlaw.com/exclusion-for-condominium-and-townhouse-projects-bars-coverage-for-insureds-work-on-condominium-project/) - [Deliberate Act Causing Unintended Injury Is Not "Occurrence"](https://insurlaw.com/deliberate-act-causing-unintended-injury-is-not-occurrence/) - [C](https://insurlaw.com/c/) - [B](https://insurlaw.com/b/) - [A](https://insurlaw.com/a/) - [Once Insurer Withdraws Reservation of Rights That Initially Created Right to Independent Counsel, Insurer No Longer Has Obligation to Pay Independent Counsel](https://insurlaw.com/once-insurer-withdraws-reservation-of-rights-that-initially-created-right-to-independent-counsel-insurer-no-longer-has-obligation-to-pay-independent-counsel/) - [Water Tank Separated From Dwelling by Clear Space But Connected by Underground Pipe Was Not "Attached" to Dwelling and, Therefore, Was Subject to "Other Structures" Limit](https://insurlaw.com/water-tank-separated-from-dwelling-by-clear-space-but-connected-by-underground-pipe-was-not-attached-to-dwelling-and-therefore-was-subject-to-other-structures-limit/) - ["Assault or Battery" Exclusion Bars Coverage for Insured's Alleged Negligent Failure to Prevent Assailant from Throwing Flammable Liquid on Claimant and Setting Claimant on Fire](https://insurlaw.com/assault-or-battery-exclusion-bars-coverage-for-insureds-alleged-negligent-failure-to-prevent-assailant-from-throwing-flammable-liquid-on-claimant-and-setting-claimant-on-fire/) - [Unless Third Party Claimant Makes Settlement Demand Against Insured or Otherwise Expresses Interest in Settling With Insured, Insurer Has No Affirmative Duty to Offer Policy Limits and Insurer Cannot Be Liable for Bad Faith Failure to Settle](https://insurlaw.com/unless-third-party-claimant-makes-settlement-demand-against-insured-or-otherwise-expresses-interest-in-settling-with-insured-insurer-has-no-affirmative-duty-to-offer-policy-limits-and-insurer-cannot/) - [Duty To Defend "Suit" Includes Duty to Defend Proceedings Under Calderon Act](https://insurlaw.com/duty-to-defend-suit-includes-duty-to-defend-proceedings-under-calderon-act/) - [Insured's Alleged Negligent Supervision Of Employee Is Not An "Occurrence"](https://insurlaw.com/insureds-alleged-negligent-supervision-of-employee-is-not-an-occurrence/) - [Liability Insurer Entitled to Contribution from Coinsurer Who Had Obtained Release from Mutual Insured](https://insurlaw.com/liability-insurer-entitled-to-contribution-from-coinsurer-who-had-obtained-release-from-mutual-insured/) - [In Contribution Action, If Participating Insurer Proves Potential for Coverage, Non-Participating Insurer Must Prove Absence of Actual Coverage](https://insurlaw.com/in-contribution-action-if-participating-insurer-proves-potential-for-coverage-non-participating-insurer-must-prove-absence-of-actual-coverage/) - ["Auto" Exclusion Bars Coverage for Insured’s Negligence in Leaving Children in Parked Car](https://insurlaw.com/auto-exclusion-bars-coverage-for-insureds-negligence-in-leaving-children-in-parked-car/) - [Insured’s Mistaken Construction of House Over Property Line Does Not Constitute "Occurrence," or "Accident"](https://insurlaw.com/insureds-mistaken-construction-of-house-over-property-line-does-not-constitute-occurrence-or-accident/) - ["Products-Completed Operations Hazard" Exclusion Bars Coverage for Insured’s Operations, Regardless of Whether Operations are Related to Insured’s Products](https://insurlaw.com/products-completed-operations-hazard-exclusion-bars-coverage-for-insureds-operations-regardless-of-whether-operations-are-related-to-insureds-products/) - [Liability Policy's Exclusion for "Subsidence" Resulting From Insured's "Operations" Bars Coverage for Landslide Allegedly Resulting From Insured's Maintenance and Construction Activities](https://insurlaw.com/liability-policys-exclusion-for-subsidence-resulting-from-insureds-operations-bars-coverage-for-landslide-allegedly-resulting-from-insureds-maintenance-and-construction-activities/) - [Property Insurer Had No Obligation to Reimburse Mitigation Expenses in Absence of Otherwise Covered Loss](https://insurlaw.com/property-insurer-had-no-obligation-to-reimburse-mitigation-expenses-in-absence-of-otherwise-covered-loss/) - [“First Publication” Exclusion Relieves Insurer of Duty to Defend Insured In Trademark Infringement Action](https://insurlaw.com/first-publication-exclusion-relieves-insurer-of-duty-to-defend-insured-in-trademark-infringement-action/) - [Insurer That Denies Defense to Insured May Not Later Intervene In Third-Party Suit](https://insurlaw.com/insurer-that-denies-defense-to-insured-may-not-later-intervene-in-third-party-suit/) - ["Contractors Warranty Endorsement" Limits Insurer’s Duty to Indemnify General Contractor Who Fails to Obtain Indemnity Agreements and Certificates of Insurance from Subcontractors](https://insurlaw.com/contractors-warranty-endorsement-limits-insurers-duty-to-indemnify-general-contractor-who-fails-to-obtain-indemnity-agreements-and-certificates-of-insurance-from-subcontractors/) - [Insurer May Seek Reimbursement of Allegedly Excessive Legal Fees Directly from Independent " Cumis " Counsel](https://insurlaw.com/insurer-may-seek-reimbursement-of-allegedly-excessive-legal-fees-directly-from-independent-cumis-counsel/) - [If Insurer’s Reservation Of Rights Triggers Insured's Right To "Independent Counsel," Any Dispute Regarding Independent Counsel’s Fees Must Be Arbitrated, Even If Insurer Does Not Retain "Panel Counsel"](https://insurlaw.com/if-insurers-reservation-of-rights-triggers-insureds-right-to-independent-counsel-any-dispute-regarding-independent-counsels-fees-must-be-arbitrated-even-if-insurer-does-not-r/) - [Letter From Claimant's Attorney To Insured Is "Claim" Under "Claims Made And Reported" Policy](https://insurlaw.com/letter-from-claimants-attorney-to-insured-is-claim-under-claims-made-and-reported-policy/) - [Engineer’s Design Errors Are Not "Defective Methods In Construction" And Do Not Trigger Collapse Coverage](https://insurlaw.com/engineers-design-errors-are-not-defective-methods-in-construction-and-do-not-trigger-collapse-coverage/) - [Ninth Circuit Finds a Duty to Defend Lawsuits Filed Against a Rock Band Musician and Related Corporation](https://insurlaw.com/ninth-circuit-finds-a-duty-to-defend-lawsuits-filed-against-a-rock-band-musician-and-related-corporation/) - [Excess Insurer Has No Duty to Pay Where Insured Settles With Primary Insurer For Less Than Primary Policy’s Limits](https://insurlaw.com/excess-insurer-has-no-duty-to-pay-where-insured-settles-with-primary-insurer-for-less-than-primary-policys-limits/) - [Where Policy Covers "Personal Injury" Caused By "Accident," Insurer Has No Duty to Defend Insured Against Suit Alleging "Intentional" False Imprisonment](https://insurlaw.com/where-policy-covers-personal-injury-caused-by-accident-insurer-has-no-duty-to-defend-insured-against-suit-alleging-intentional-false-imprisonment/) - [D&O Policy Does Not Cover Insured’s Breach of Contract](https://insurlaw.com/do-policy-does-not-cover-insureds-breach-of-contract/) - ["Occurrence" in CGL Policies Means Injurious Exposure to Asbestos, Not the Manufacture and Distribution of Asbestos Products](https://insurlaw.com/occurrence-in-cgl-policies-means-injurious-exposure-to-asbestos-not-the-manufacture-and-distribution-of-asbestos-products/) - [Insurer Has No Duty to Defend Suit Alleging Insured Sent Unsolicited Fax Advertisements](https://insurlaw.com/insurer-has-no-duty-to-defend-suit-alleging-insured-sent-unsolicited-fax-advertisements/) - [New California Law Further Defines "Agents" and "Brokers"](https://insurlaw.com/new-california-law-further-defines-agents-and-brokers/) - [California Supreme Court Restricts Insurers’ Ability to Rely on "Qualified" Pollution Exclusion](https://insurlaw.com/california-supreme-court-restricts-insurers-ability-to-rely-on-qualified-pollution-exclusion/) - [Insurer's Reservation of Rights as to Additional Insured in Construction Defect Lawsuit Does Not Require Insurer to Provide "Independent Counsel" to Additional Insured](https://insurlaw.com/insurers-reservation-of-rights-as-to-additional-insured-in-construction-defect-lawsuit-does-not-require-insurer-to-provide-independent-counsel-to-additional-insured/) - [Insurer Has Duty to Defend Subcontractor Who Allegedly Installed Damp Drywall in Houses, Leading to Mold](https://insurlaw.com/insurer-has-duty-to-defend-subcontractor-who-allegedly-installed-damp-drywall-in-houses-leading-to-mold/) - ["Genuine Dispute" Rule Does Not Bar Complaint for Bad Faith Where Insurer Allegedly Conducts Biased, Incomplete Investigation](https://insurlaw.com/genuine-dispute-rule-does-not-bar-complaint-for-bad-faith-where-insurer-allegedly-conducts-biased-incomplete-investigation/) - [Quasi-Judicial Administrative Proceeding Can Constitute "Suit" Triggering Insurer's Duty to Defend](https://insurlaw.com/quasi-judicial-administrative-proceeding-can-constitute-suit-triggering-insurers-duty-to-defend/) - [Claim for "Loss" of Property Is Not Claim for “Loss of Use” of Property Under CGL Policy](https://insurlaw.com/claim-for-loss-of-property-is-not-claim-for-loss-of-use-of-property-under-cgl-policy/) - [Fax Blasting is Not Covered Under CGL Policy’s "Advertising Injury" or "Property Damage" Coverages](https://insurlaw.com/fax-blasting-is-not-covered-under-cgl-policys-advertising-injury-or-property-damage-coverages/) - [Appraiser’s Service as Expert in Unrelated Case is Not Basis for Disqualification from Appraisal Panel](https://insurlaw.com/appraisers-service-as-expert-in-unrelated-case-is-not-basis-for-disqualification-from-appraisal-panel/) - [Coverage for Property for Which Insured is "Legally Liable" Applies to Bailed Property, and Is Not Liability Insurance](https://insurlaw.com/coverage-for-property-for-which-insured-is-legally-liable-applies-to-bailed-property-and-is-not-liability-insurance/) - [Subcontractors’ Insurers Who Defend Developer as "Additional Insured" Can Recover Portion of Defense Costs from Developer's Excess Insurer](https://insurlaw.com/subcontractors-insurers-who-defend-developer-as-additional-insured-can-recover-portion-of-defense-costs-from-developers-excess-insurer/) - [Insured Can Maintain Bad Faith Action Against Insurer Who Allegedly Forces Insured to Arbitrate Uninsured Motorist Claim Without Investigating, Evaluating and Attempting to Resolve Claim](https://insurlaw.com/insured-can-maintain-bad-faith-action-against-insurer-who-allegedly-forces-insured-to-arbitrate-uninsured-motorist-claim-without-investigating-evaluating-and-attempting-to-resolve-claim/) - [Insurer Has No Duty to Defend Insureds Against Suit Alleging Conspiracy to Aid In Abduction of Child](https://insurlaw.com/insurer-has-no-duty-to-defend-insureds-against-suit-alleging-conspiracy-to-aid-in-abduction-of-child/) - ["Land Subsidence" Exclusion Relieves Insurer of Duty to Defend Insured Against Suits Arising From Landslide](https://insurlaw.com/land-subsidence-exclusion-relieves-insurer-of-duty-to-defend-insured-against-suits-arising-from-landslide/) - [Party Who Bought Fire-Damaged Property at Sheriff’s Sale Was Not Entitled to Insurance Proceeds, and Insurer Was Entitled to Refund from Lender to Extent Lender Received Payoff from Sheriff’s Sale](https://insurlaw.com/party-who-bought-fire-damaged-property-at-sheriffs-sale-was-not-entitled-to-insurance-proceeds-and-insurer-was-entitled-to-refund-from-lender-to-extent-lender-received-payoff-from-sheriff/) - [Even If Insured Business Was Operating at Net Loss Greater than Operating Costs at Time of Loss, Business Interruption Benefits for Continuing Normal Operating Expenses Are Not Reduced by Net Loss](https://insurlaw.com/even-if-insured-business-was-operating-at-net-loss-greater-than-operating-costs-at-time-of-loss-business-interruption-benefits-for-continuing-normal-operating-expenses-are-not-reduced-by-net-loss/) - [Defending Under One Policy Does Not Insulate Insurer from Liability for Alleged Breach of Duty to Defend / Settle Under Second Policy](https://insurlaw.com/defending-under-one-policy-does-not-insulate-insurer-from-liability-for-alleged-breach-of-duty-to-defend-settle-under-second-policy/) - [Failure to Answer Questions at EUO and to Submit Complete Proof of Loss Defeats Insured’s Suit](https://insurlaw.com/failure-to-answer-questions-at-euo-and-to-submit-complete-proof-of-loss-defeats-insureds-suit/) - [Agents and Brokers: Surplus Lines Broker Can Owe Duty of Care to Third Party](https://insurlaw.com/agents-and-brokers-surplus-lines-broker-can-owe-duty-of-care-to-third-party/) - [Whether Insurer Unreasonably Handled UIM Claim Is Question of Fact](https://insurlaw.com/whether-insurer-unreasonably-handled-uim-claim-is-question-of-fact/) - [Policy Covers Expenses Incurred Recovering Seized Aircraft](https://insurlaw.com/policy-covers-expenses-incurred-recovering-seized-aircraft/) - [Withdrawal of Claim Bars Later Resubmission if Prejudice Results](https://insurlaw.com/withdrawal-of-claim-bars-later-resubmission-if-prejudice-results/) - [Valuable Possessions Policy Does Not Cover Insured’s Financial Loss Resulting from Purchase of Counterfeit Wine](https://insurlaw.com/valuable-possessions-policy-does-not-cover-insureds-financial-loss-resulting-from-purchase-of-counterfeit-wine/) ## Pages - [Home](https://insurlaw.com/) - Our insurance lawyers provide prompt, innovative and cost-effective solutions to insurance claims and litigation. 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