The California Court of Appeal has held that even though “sudden and accidental” water damage—a covered peril—was the predominant cause of mold, a policy’s “absolute” mold exclusion was enforceable because the exclusion clearly communicated that mold “however caused” was never … Read More

The California Court of Appeal has held that where an insurer misrepresents the policy limits to induce an insured into settling a disputed insurance claim, the insured may keep the money paid and sue for fraud. ( Village Northridge Homeowners … Read More

The California Court of Appeal has held that a general liability insurer had no duty to defend a corporation under the terms of a non-standard “additional insured” endorsement. ( Boeing Company v. Continental Casualty Company (2007) 157 Cal.App.4th 1258) Facts … Read More

The California Court of Appeal has held that a defamation suit against an insured did not suggest the possibility of an “occurrence,” or “accident,” within the meaning of a standard homeowners policy. ( Stellar v. State Farm General Insurance Company … Read More

The California Court of Appeal has held that a homeowners insurer had no duty to defend a woman who allegedly was negligent in failing to prevent her husband from sexually molesting their daughter. ( Bjork v. State Farm Fire and … Read More

The California Court of Appeal has ruled that a primary auto insurer was entitled to contribution from an excess auto insurer for defense fees the primary insurer paid to defend a mutual insured, pursuant to Insurance Code Section 11580.9(g). ( … Read More

The California Court of Appeal has held that a pollution exclusion relieved an insurer of any duty to defend or indemnify an insured against claims for injuries caused by offensive odors and excessive dust emanating from the insured’s compost facility. … Read More

The California Court of Appeal has held that an insured’s misrepresentations on an application for insurance allowed a liability insurer to rescind the policy and obtain reimbursement of defense/settlement costs the insurer had paid on behalf of the insured prior … Read More

The California Court of Appeal has ruled that a primary auto insurer was entitled to contribution from an excess auto insurer for defense fees the primary insurer paid to defend a mutual insured, pursuant to Insurance Code Section 11580.9(g). ( … Read More

The California Court of Appeal has held that a pollution exclusion relieved an insurer of any duty to defend or indemnify an insured against claims for injuries caused by offensive odors and excessive dust emanating from the insured’s compost facility. … Read More