The California Court of Appeal has held that the Fair Claims Settlement Practices Regulations require an insurer to inform a first-party claimant of a policy’s one-year contractual limitation period even where the claimant is represented by an attorney, and that … Read More

The California Supreme Court has held that a homeowners insurer had no duty to defend its insured in an assault and battery case, even though the insured may negligently and unreasonably have believed that he was acting in “self-defense.” ( … Read More

The California Court of Appeal has held that an insurer has no obligation under its policy’s supplementary payments provision to cover costs awarded in connection with a claim that was not potentially covered, even if the insurer defended the action … Read More

The California Court of Appeal has held that toxic tort claims against an insured fell within the scope of a general liability policy’s “seepage / pollution / contamination” exclusion, and that the insured failed to satisfy the conditions necessary to … Read More

The California Court of Appeal held that an insurer’s obligation of equitable contribution for defense costs arises where, after receiving actual or constructive notice of the lawsuit, a diligent inquiry by the insurer would reveal the potential exposure to a … Read More

The California Supreme Court has held that, with respect to an accident involving a tractor-trailer rig, California Insurance Code section 11580.9(b) made the trailer lessor’s commercial auto policy “excess” to the tractor’s owner’s commercial auto policy. ( Sentry Select Ins. … Read More

Set forth below is a list of property and casualty insurance cases currently pending in the California Supreme Court, along with a summary of the primary issue(s) to be decided in each case. As the Supreme Court decides these cases … Read More

The California Court of Appeal has ruled that a homeowners insurer properly denied a first-party claim where a contractor’s negligence damaged a plumbing pipe, which then caused corrosion, continuous seepage and leakage and, finally, mold. ( Freedman v. State Farm … Read More

Generally, an insurance “agent” is a person who transacts insurance on behalf of an admitted insurer. In contrast, an insurance “broker” is a person who transacts insurance with, but not on behalf of , an admitted insurer. (Insurance Code Section … Read More

The California Supreme Court has issued a ruling which will significantly restrict the insurance industry’s ability to deny indemnity coverage based on the “qualified” (i.e., “sudden and accidental”) pollution exclusion. ( State of California v. Allstate Insurance Company (2009) 45 … Read More