A legal heir was entitled to recover uninsured motorist benefits only under an automobile policy, not under an umbrella policy. (Komorsky v. Farmers Insurance Exchange (2019) — Cal.App.5th —) Facts Alan and Linda Liker, husband and wife, were named insureds on an … Read More

After a developer obtained an approximately $1.5 million default judgment against a subcontractor, the developer’s excess liability insurer prevailed in a judgment creditor action against the subcontractor’s general liability insurer. (Insurance Company of the State of Pennsylvania v. American Safety Indemnity … Read More

An uninsured motorist policy allowed an insurer to reduce payments to an insured by the amount of medical expenses that were eligible for payment through workers’ compensation, regardless of whether the insured actually sought payment of those expenses through workers’ … Read More

In a plaintiff’s personal injury action brought against a deceased insured’s estate pursuant to Probate Code sections 550 et seq., the deceased insured’s liability insurer was a de facto “party” that could be liable for costs after rejecting the plaintiff’s … Read More

A trial court properly granted an insurer’s motion to set aside default judgments against its insured based on the equitable ground of extrinsic mistake. (Mechling v. Asbestos Defendants (2018) 29 Cal.App.5th 1241) Facts From the 1960’s through the early 1970’s, Associated Insulation … Read More

The insurer of a developer whose corporate powers were “suspended” was barred from pursuing a subrogation action against the developer’s subcontractors. (Travelers Property Casualty Company of America v. Engel Insulation, Inc. (2018) 29 Cal.App.5th 830) Facts Westlake Villas, LLC was the developer … Read More

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A general liability policy covering “loss of use of property that is not physically injured” covered an insured whose negligence led to the claimant’s loss of ability to continue using its property as a nightclub. (Thee Sombrero, Inc. v. Scottsdale Insurance … Read More

A party-appointed appraiser is an “arbitrator” and is barred from giving evidence about the appraisal proceeding, except for evidence that the award was procured by “corruption, fraud, or other undue means” or that the members of the panel “exceeded their … Read More

A general liability policy’s “impaired property” exclusion relieved an insurer of any duty to defend an insured against a suit alleging that the insured had negligently installed electrical equipment which caused a loss of use of the claimant’s property. (All Green … Read More