Because a policy’s loss of rents coverage did not specifically require that a building be rented when a physical loss occurred, the insured was entitled to attempt to prove an insurance claim for loss of rents even though the building … Read More

An injured plaintiff who settled a personal injury lawsuit against the tortfeasor and received payment from the tortfeasor’s insurer under the liability provision of the insurance policy was not precluded from later separately suing the tortfeasor’s insurer based on the … Read More

A first-party claimant may pursue a cause of action against an insurer for violations of California’s Unfair Competition Law (Business & Professions Code section 17200 et seq.), even though California’s Unfair Insurance Practices Act (Insurance Code section 790.03 et seq.) … Read More

General liability policies that covered “occurrences” and “wrongful acts” during the policy period did not potentially cover an insured’s alleged tortious conduct that took place before the policy period. ( City of Buenaventura v. Insurance Company of the State of … Read More

A general liability insurer’s reservation of rights to assert a “contractor’s special condition” created a conflict of interest which gave the insured the right to select independent counsel at the insurer’s expense. ( Schaefer v. Elder (2013) 217 Cal.App.4th 1) … Read More

Where a liability insurer initially breached its duty to defend an insured, and a dispute later arose regarding allegedly excessive or improper fees charged by independent counsel, the insurer could only seek reimbursement of such fees from the insured, not … Read More

An insurer was not liable for a fire loss where the insured failed to maintain an automatic sprinkler system, and the insurer was entitled to reimbursement of an advance payment the insurer made during its investigation of the claim.. ( … Read More

Where a liability policy expressly provided for a defense against criminal charges, California Insurance Code section 533.5(b) did not relieve the insurer of a duty to defend an insured against a federal criminal indictment. ( Mt. Hawley Insurance Company v. … Read More

Damage caused by plumbing leakage that continued for one to two months, even though hidden and unknown to the insureds, was not “sudden” and, therefore, was excluded. ( Brown v. Mid-Century Insurance Company (2013) 215 Cal.App.4th 841) Facts Leroy and … Read More

No coverage existed where a building was “vacant” for more than 60 days before a theft and vandalism loss, even though the policy itself was issued less than 60 days before the loss. ( Travelers Property Casualty Company of America … Read More