An insurer that settled a construction defect case on behalf of an insured was barred by the two-year of limitations from seeking equitable contribution from another insurer that had refused to participate in the settlement. ( American States Ins. Co. … Read More

In a reinsurance dispute, the doctrine of “invited error” prevented plaintiff, a ceding insurer, from complaining about a jury instruction given on a statute of limitations defense asserted by the defendants, two reinsurers. ( Transport Insurance Co. v. TIG Insurance … Read More

A bodily injury claim against an interstate trucker was not covered by the trucker’s basic commercial auto policy, but was covered by an MCS-90 financial responsibility endorsement which was attached to the policy. ( Global Hawk Ins. Co. v. Century-National … Read More

A liability policy’s “supplemental payment” clause did not allow a third-party judgment creditor to recover costs and interest in a direct action brought against the California Insurance Guarantee Association. ( Clark v. California Ins. Guarantee Assn. (2011) 200 Cal.App.4th 391) … Read More

Issues regarding an insurer’s alleged bad faith delay in defending must be resolved in the trial court before the insurer can compel arbitration of independent counsel fees pursuant to Civil Code section 2860(c). ( Janopaul + Block Companies, LLC v. … Read More

A commercial auto policy’s “mechanical device” exclusion applied only where the device was used in the movement of property to or from the covered auto. ( Palp , Inc., v. Williamsburg National Ins. Co. (2011) 200 Cal.App.4th 282) Facts Palp, … Read More

Although a property policy listed an “actual cash value” amount in the declarations, the policy could not reasonably be construed as a “valued” policy, but rather was an “open” policy. ( George v. Automobile Club of Southern California (2011) WL … Read More

The following cases are currently under review by the California Supreme Court:State of California v. Continental Ins. Co. (Case No. S170560) – (1) When continuous property damage occurs during the periods of several successive liability policies, is each insurer liable … Read More

Review the major cases and statutory changes ranging from December 2010 through November 2011 that will impact your California claims in 2012. Download the 2011 Annual Review of California Insurance Law (PDF) – Download Free Adobe Reader program Last year … Read More

A commercial general liability policy’s “personal and advertising injury” coverage did not require an insurer to defend an insured against a lawsuit alleging that the insured had copied another’s product. ( Oglio Entertainment Group, Inc. v. Hartford Cas. Ins. Co. … Read More