After a total loss, insureds who built a replacement house at a different location were not entitled to recover extended replacement cost benefits, because the insureds conceded that they did not spend more than the policy’s stated limit, which the … Read More

Where a policy lapsed prior to a loss, and where the insureds and insurer knew the loss had occurred, questions of fact precluded summary disposition of the issue of whether the insurer reinstated the policy with – or without – … Read More

A claim against an insurer for bad faith failure to accept a reasonable settlement demand requires a finding that the insurer acted “unreasonably” in some respect. (Pinto v. Farmers Ins. Exch. (2021) 61 Cal.App.5th 676) Facts Farmers Insurance Exchange issued … Read More

In a continuous injury case, absent an explicit policy provision to the contrary, an insured is entitled to excess coverage once the primary policies specified in the excess policy have been exhausted. (Santa Fe Braun, Inc. v. Insurance Co. of … Read More

Where a tenant’s marijuana grow operation causes a fire, a landlord’s insurer cannot deny coverage unless the insurer shows the landlord knew or had control over the “increased hazard” the tenant caused. (Mosley v. Pacific Specialty Insurance Company (2020) 49 … Read More

A commercial general liability insurer had no duty to defend its insured against a competitor’s antitrust lawsuit alleging fraudulent conduct in obtaining a patent. (Travelers Property Casualty Co. of America v. KLA-Tencor Corp. (2020) 45 Cal.App.5th 156) Facts Xitronix Corp. … Read More

In a continuous injury case, an insured is entitled to indemnification under any excess policy once the insured exhausts the directly underlying excess policies in the same policy period. (Montrose Chemical Corp. of California v. Superior Court (2020) 9 Cal.5th … Read More