The California Court of Appeal has held that a third-party claimant did not have standing to bring a declaratory relief action against the insured’s liability insurer to determine the scope of coverage under the insured’s policy. ( Otay Land Company v. … Read More

The California Court of Appeal has held that a bad faith and punitive damages award was proper where an insurer conducted a biased investigation of a car theft claim, where the trial judge excluded evidence of the insured’s prior dishonest … Read More

A California Court of Appeal has held that an insured is entitled to combine or “stack” the policy limits of all applicable policies across all applicable policy periods in cases of continuous and progressive property damage and bodily injury, thus … Read More

The California Court of Appeal has held that when an insured pays statutory attorney fees to plaintiffs as part of a settlement, those statutory attorney fees qualify as costs “taxed” against the insured under a “supplementary payments” provision in a … Read More

The California Court of Appeal has held that uninsured motorist coverage did not apply to a listed “driver” who, while crossing the street as a pedestrian, was struck by an uninsured motorist. ( Mercury Ins. Co. v. Pearson (2008) 169 … Read More

The Ninth Circuit Court of Appeals, applying California law, has held that a liability policy’s “first publication” exclusion barred coverage for infringement claims where the insured first published allegedly infringing material before the policy period. ( United Nat. Ins. Co. … Read More

The California Court of Appeal has held that a “professional services” exclusion did not relieve a general liability insurer of the duty to defend its insured, a consulting firm, against claims arising from injuries to a worker at a jobsite … Read More

The California Court of Appeal has held that evidence of delays in handling a fire claim was sufficient to support a substantial award for emotional distress, attorney’s fees and punitive damages. ( Major v. Western Home Ins. Co. (2009) 2009 … Read More

The California Court of Appeal has held that, despite uncertainty as to who actually employed a worker who was killed in an accident, a subsequent wrongful death action against an insured did not trigger a defense obligation under the insured’s … Read More

The United States District Court, applying California law, has ruled that a liability insurer had a duty to defend its insureds against a taxpayer lawsuit suit which sought both injunctive relief and monetary “damages.” ( The Los Osos Community Services … Read More