The California Court of Appeal has held that subcontractors’ insurers who defended a developer as an “additional insured” were entitled to recover a portion of the developer’s defense costs from the developer’s own excess insurer. ( Transcontinental Ins. Co. v. … Read More

The California Court of Appeal has held that although a landslide resulted in damage during successive primary policy periods, there was only one “occurrence” and hence only one primary policy limit applied. ( Safeco Insurance Company of America v. Fireman’s … Read More

The California Court of Appeal has held that a liability insurer had no duty to defend or indemnify its insured, a landlord, against claims that the landlord failed to maintain and repair premises leased to a tenant. ( Golden Eagle … Read More

The California Court of Appeal has held that an insurer’s alleged inadequate investigation of a first-party fungus/collapse claim exposed the insurer to possible bad faith liability, and that the evidence of bad faith was sufficient to create a triable issue … Read More

The California Court of Appeal has held that an insurer that issued a Directors and Officers liability policy had no duty to pay for a loss arising out of an insured’s failure to make payment under a contract. ( August … Read More

In a case of first impression, the California Court of Appeal has ruled that, in the context of multiple claims for bodily injury arising from asbestos exposure, the term “occurrence” in a commercial general liability policy referred to “injurious exposure … Read More

The California Court of Appeal has held that a liability insurer had no duty to defend an insured in an action alleging that the insured sent unsolicited advertisements to fax machines in violation of federal statutory law and common law … Read More

The California Supreme Court has held that in the context of a rental car transaction, an excess auto liability insurer satisfies its duty to investigate the insurability of an insured by inspecting the insured’s facially valid driver’s license and verifying … Read More

The Court of Appeal has held that, under the terms of Insurance Code section 11580.2 and a policy providing UM/UIM coverage, an insured seeking underinsured motorist benefits was required to arbitrate the issues liability and damages before proceeding with a … Read More

The California Court of Appeal has held that, where covered and non-covered events are concurrent causes of indivisible pollution damage, an insured seeking indemnity under a liability policy is not required to allocate its liability based on the cause of … Read More