NEWS
We closely monitor the courts and the legislature for changes in insurance laws, and report on them in the Insurance Law Alert, our free newsletter.
We closely monitor the courts and the legislature for changes in insurance laws, and report on them in the Insurance Law Alert, our free newsletter.
The United States District Court for the Eastern District of California has concluded that a liability insurer had a duty to defend its insured, a drywall subcontractor, against allegations that the insured installed damp drywall in houses which eventually led … Read More
The California Court of Appeal has ruled that the “genuine dispute” rule does not bar a complaint for bad faith where the insured alleges, in detail, that the insurer knowingly conducted a biased and incomplete investigation for the specific purpose … Read More
The California Court of Appeal has held that underinsured motorist coverage was not triggered where the injured party’s bodily injury limit was equal to the tortfeasor’s “combined single limit” for all bodily injury and property damage. ( Explorer Ins. Co. … Read More
The California Court of Appeal has held that following an auto dealer’s alleged incomplete transfer of a vehicle’s title to a driver, the driver may be entitled to coverage under the auto dealer’s “garage operations” policy. ( Spangle v. Farmers … Read More
The Ninth Circuit Court of Appeals has held that neither a media liability insurer nor a commercial general liability insurer had any duty to defend an insured in class action lawsuits alleging product defects in the insured’s video game system. … Read More
The California Court of Appeal has held that an insurer was estopped from enforcing a policy’s time limit to collect replacement cost benefits where the insurer engaged in conduct and delays that prevented the insured from satisfying the policy’s replacement … Read More
The California Court of Appeal has held that, in the absence of a “potential” for coverage, a general contractor was not entitled to a defense as an “additional insured” under a subcontractor’s liability policy. ( Monticello Insurance Company v. Essex … Read More
The California Court of Appeal has held that a property insurer did not assume a duty to establish adequate coverage limits, and that the insurer did properly notify the insured that a renewal policy would no longer provide guaranteed replacement … Read More
The California Court of Appeal has held that a homeowners insurer had a duty to defend its insured against allegations that the insured’s “deliberate act” caused the claimant to suffer an “unintended injury.” ( State Farm Fire and Cas. Co. … Read More
The California Court of Appeal has held that if a liability insurer’s reservation of rights creates a conflict of interest that gives the insured the right to have “independent counsel,” any dispute regarding the independent counsel’s fees is subject to … Read More