For purposes of commercial automobile coverage, an insured is deemed to “hire” or “borrow” a vehicle only if the insured exercises exclusive “dominion and control” over the vehicle. ( Travelers Prop. Cas. Co. of Am. v. LK Transp., Inc. (E.D. … Read More

A California appellate court has allowed an insured to proceed with a lawsuit against an insurance adjuster for negligent misrepresentation and intentional infliction of emotional distress arising out of the insurance adjuster’s alleged misconduct in handling the insured’s property claim. … Read More

In evaluating allegedly ambiguous language in liability policy, the reasonable expectations of the named insured may differ from the reasonable expectations of an additional insured. ( Transport Insurance Co. v. Superior Court (2014) 222 Cal.App.4th 1216) Facts Vulcan Materials Company … Read More

An insurance broker owed no duty to its client to investigate the financial condition of an insurer before placing the client’s insurance with the insurer. ( Mark Tanner Construction, Inc. v. HUB International Insurance Services, Inc. (2014) 224 Cal.App.4th 574) … Read More

A commercial auto policy’s “employee” exclusion did not relieve an insurer of a duty to defend its insured when there was factual dispute as to whether the injured claimant was an “employee” or an “independent contractor” of the insured. ( … Read More

A general liability policy that covered products-completed operations but excluded professional services did not relieve the insurer of a duty to defend its insured, an engineering firm, against claims that the insured was negligent in constructing an earthen dam which … Read More

Where a residential home builder’s sales contract included a right-to-repair addendum based on a “Right to Repair” statute, an insurer who arranged for repairs of water damage to an insured’s property before notifying the builder was barred from pursuing a … Read More

A food truck owned by the insured qualified as “mobile equipment,” and therefore was not subject to a standard “auto” exclusion contained within the insured’s commercial general liability policy. ( American States Ins. Co. v. Travelers Property Casualty Ins. Co. … Read More

An insurance broker has no legal duty to procure insurance coverage for an insured beyond what the insured requests. ( San Diego Assemblers, Inc. v. Work Comp for Less Insurance Services, Inc. (2013) 220 Cal.App.4th 1363) Facts San Diego Assemblers, … Read More

California statutes did not require, and various automobile policies themselves did not provide, underinsured motorist coverage for the named insured’s adult, non-resident daughter who was killed while she was a pedestrian. ( Berendes v. Farmers Insurance Exchange (2013) 221 Cal.App.4th … Read More