By Phillip Smith Smith Smith & Feeley LLP There has been a lot of discussion recently about the extent to which insurance might cover claims related to the coronavirus outbreak. At least so far, lawyers for insureds and insurers have … Read More
Pursuant to Code of Civil Procedure section 116.710, a liability insurer has a right to appeal a default judgment entered against its insured in a small claims action. (Pacific Pioneer Ins. Co. v. Superior Court (2020) — Cal.App.5th —) Facts … Read More
A general liability policy’s arbitration clause was binding on an additional insured who was an intended third-party beneficiary of the policy and who sought benefits under the policy. (Philadelphia Indem. Ins. Co. v. SMG Holdings, Inc. (2019) — Cal.App.5th —) … Read More
To Our Clients and Friends: Last year was filled with a number of interesting developments in property and liability insurance law. In the PDF linked below are summaries of some major cases decided in the last twelve months that may … Read More
A superior court could decide a factual issue necessary to determine coverage under an excess workers’ compensation insurance policy, even if the superior court’s finding might contradict a stipulated fact in an earlier workers’ compensation proceeding. (California Insurance Guarantee Association … Read More
California Code of Civil Procedure section 425.16, which authorizes the dismissal of a “strategic lawsuit against public participation,” did not require dismissal of an insured’s bad faith lawsuit arising from an insurer’s failure to provide independent counsel. (Miller Marital Deduction … Read More
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 … Read More
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. … Read More
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. (Target Corp. v. Golden State Ins. Co. Ltd. (2019) — Cal.App.5th —) Facts McKesson … Read More
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. (Terrell v. State Farm General Ins. Co. (2019) — Cal.App.5th —) Facts … Read More