The California Court of Appeal has held that a letter from a claimant’s attorney to the insured threatening litigation was a “claim” within the meaning of the insured’s “claims made and reported” policy. ( Westrec Marina Management, Inc. v. Arrowood … Read More

The California Court of Appeal has held that an engineer’s design errors are not “defective … methods in construction” and do not trigger a policy’s collapse coverage. ( Roberts v. Assurance Company of America (2008) 2008 WL 2468889) Facts Jim … Read More

The California Court of Appeal has held that, because an appraisal panel only decided the amount of a loss, a trial court had authority to confirm the amount of the award but did not have authority to enter an actual … Read More

The California Court of Appeal has held that a liability policy’s “cross-suits” exclusion relieved an insurer of any duty to defend its named insured against a suit brought by an additional insured. ( Great Western Drywall, Inc. v. Interstate Fire … Read More

The Ninth Circuit Court of Appeals has held that a general liability insurer had a duty to defend a rock band musician and a related corporation against underlying actions filed by former band members alleging improper use of a logo … Read More

The California Court of Appeal has held that an excess policy’s “exhaustion” clause unambiguously relieved an excess insurer of any duty to indemnify its insured for unreimbursed defense and settlement costs after the insured settled with its primary insurer for … Read More

The California Court of Appeal has held that where a homeowners policy covered various “personal injury” offenses caused by “accident,” the insurer has no duty to defend an insured against a suit alleging an “intentional and deliberate” false imprisonment. ( … Read More

The California Court of Appeal has held that that an insured is only obligated to exhaust the tortfeasor’s motor vehicle or automobile bodily injury liability coverage before the insured can trigger the insured’s underinsured motorist coverage. ( Wedemeyer v. Safeco … Read More

The Ninth Circuit Court of Appeals has held that even if an insured only “unintentionally” makes “material” misrepresentations in an application for a marine insurance policy, the insurer is entitled to rescind the policy. ( New Hampshire Ins. Co. v. … Read More

The California Court of Appeal has held that a liability policy’s “pollution” exclusion relieved an insurer of any duty to defend or indemnify its insured for liability arising from the insured’s release of a solvent into a public sewer system. … Read More