The California Court of Appeal has held that the issue of whether a UM/UIM claimant qualifies as an “insured” is a jurisdictional issue that must be decided by an arbitrator, and that policy provisions that purport to remove such issues … Read More

The California Court of Appeal has held that a directors and officers policy did not cover a nonprofit organization’s directors for liability arising from the organization’s alleged default on municipal bonds. ( Medill v. Westport Ins. Corp. (2006) 143 Cal.App.4th … Read More

The California Supreme Court has ruled that when a vacancy exclusion is subject to an exception for a building “under construction,” the exception applies not only to new construction but to renovations and additions, provided the work requires the substantial … Read More

The California Court of Appeal has held that two liability insurers could not obtain equitable contribution from three other liability insurers who either had no notice of the underlying action or no coverage for that action. ( American International Specialty … Read More

The California Court of Appeal has held that a liability insurer that initially refused to defend its insured in a lawsuit could not later intervene in the lawsuit in an attempt to prevent the insured from settling with the plaintiff. … Read More

The California Court of Appeal has held that despite the coverage afforded by a liability policy’s “supplementary payments” clause, Insurance Code section 533 prohibits an insurer from indemnifying an insured for statutory attorney’s fees awarded to the plaintiff in a … Read More

The Ninth Circuit Court of Appeals has held that California Insurance Code section 533 does not necessarily preclude coverage for claims arising from an insured’s alleged breach of fiduciary duties.  ( Unified Western Grocers, Inc. v. Twin City Fire Ins. … Read More

The United States District Court for the Eastern District of California has held that an insurer was entitled to rescind an insurance policy based on the insured’s misrepresentations about its loss history, and that the insurer did not unreasonably delay … Read More

The California Court of Appeal has held that a commercial general liability policy covered an insured for progressive property damage which occurred during the policy period, even though the claimant did not own the property until after the policy period. … Read More

The California Court of Appeal has held that a liability insurer may obtain equitable contribution from a coinsurer for defense costs paid on behalf of a mutual insured, even though the mutual insured had previously signed a release in favor … Read More