The California Court of Appeal has reversed a summary judgment in favor of an insurer, holding that there were factual issues as to whether the insurer unreasonably handled the insured’s claim for underinsured motorist benefits.  (Wilson v. 21st Century Insurance … Read More

The California Court of Appeal has held a policy covered expenses an insured incurred in recovering an aircraft that law enforcement officials seized due to suspicion the plane was being used for criminal activity.  (American Alternative Ins. Corp. v. Superior … Read More

The California Court of Appeal has ruled that where an insured reports a claim, withdraws it and then resubmits it years later, the insured is not entitled to further pursue the claim, since the insurer was able to demonstrate the … Read More

The California Court of Appeal recently affirmed a trial court’s ruling that multiple pollution-related activities did not fall within the terms of various CGL insuring agreements. (Lockheed Corporation v. Continental Insurance Company (2005) 134 Cal.App.4th 187) Facts The EPA and … Read More

The Ninth Circuit Court of Appeals has held that an insured’s alleged solicitation of a competitor’s customers is not “advertising” and does not trigger a duty to defend under a CGL policy’s “advertising injury” coverage.  (Hayward v. Centennial Insurance Company … Read More

The California Court of Appeal has upheld a homeowners policy exclusion which barred coverage for bodily injury or property damage arising out of the insured’s sale or transfer of real property.  (Davis v. Farmers Insurance Group (2005) 134 Cal.App.4th 100) … Read More

The California Court of Appeal has held that the statute of limitations on an insured’s suit for breach of the duty to defend is equitably tolled until the underlying action is resolved by final judgment.  ( Eaton Hydraulics, Inc. v. … Read More

The California Court of Appeal has ruled that an insured’s allegation that it relied on its insurer’s investigation of damage was sufficient to establish a basis for equitable estoppel to bar a limitations defense. (Doheny Park Terrace Homeowners Association, Inc. … Read More

California Governor Arnold Schwarzenegger has recently signed legislation which prohibits builders from enforcing “Type I” indemnity provisions against subcontractors in connection with residential construction defect claims. Background For many years, California has allowed construction contracts to contain “Type I” indemnity … Read More

The California Court of Appeal has held that, to avoid an inequitable forfeiture, a lawyer was excused from his failure to report a claim to his professionally liability insurer within the policy period, despite the fact the conditions of the … Read More