Where a policyholder’s appraiser was serving as an expert for the policyholder’s attorney in an unrelated case, there was no “impression of possible bias” and no basis to disqualify the appraiser from the appraisal panel. ( Mahnke v. Superior Court … Read More

An insured’s good faith but mistaken construction of a house on neighboring property does not constitute an “occurrence,” or “accident,” within the meaning of a homeowners policy. ( Fire Ins. Exch. v. Superior Court (2010) 181 Cal.App.4th 388) Facts Kenneth … Read More

A commercial general liability policy’s “products-completed operations hazard” exclusion precludes coverage for bodily injuries arising out of the insured’s completed services, even if those services are not related to the insured’s products. ( Baker v. Nat’l Interstate Ins. Co. (2010) … Read More

A general liability insurer had no duty to indemnify its insured for third-party property damage claims resulting from a landslide where the policy unambiguously barred coverage for all property damages arising out of land subsidence “for any reason whatsoever.” ( … Read More

A third party who bought a fire-damaged property at a sheriff’s sale was not entitled to insurance proceeds issued for the property, and an insurer was entitled to a refund from the lender to the extent the loan was satisfied … Read More

The California Court of Appeal has held that a general liability policy’s “first publication” exclusion relieved an insurer of any duty to defend an insured in a suit for trademark infringement. ( Kim Seng Company v. Great American Insurance Company … Read More

The California Court of Appeal has held that an insurer that refuses to defend its insured in a third-party lawsuit cannot later file a complaint in intervention in that litigation, because the insurer, having denied coverage, does not have a … Read More

The California Court of Appeal has held that a general liability policy’s “contractors warranty endorsement” relieved the insurer of any duty to indemnify a general contractor who had failed to obtain indemnity agreements and certificates of insurance from its subcontractors. … Read More

The California Court of Appeal has held that where an insurance agent or broker claims to have special knowledge of an insured’s business risks and exposures, the agent/broker assumes a special duty to obtain proper coverage, and can be liable … Read More

The California Court of Appeal has held that a homeowners and personal umbrella insurer had no duty to indemnify its insureds for compensatory damages and statutory attorney’s fees awarded against the insureds after the insureds falsely imprisoned and exploited a … Read More