An automobile liability policy’s “each person” limit applied to all damages, including loss of consortium damages, arising from bodily injury to one person. (Jones v. IDS Property Casualty Insurance Co. (2018) Cal.App.5th 2018 WL 4579767) Facts Mark Jones was seriously injured in … Read More

A California appellate court has concluded that core provisions of the Fair Claims Settlement Practices Regulations do not conflict with the Unfair Insurance Practices Act. (PacifiCare Life and Health Insurance Company v. Jones (2018) 2018 WL 4501610) Facts In 2008, the California … Read More

An insured’s “unclean hands” in denying the authenticity of a certificate of cancellation filed with the California Secretary of State prevented the insured from continuing to pursue a lawsuit against its insurer. (DD Hair Lounge, LLC v. State Farm General Insurance … Read More

A trial judge’s prejudicial errors during trial mandated reversal of an $8.2 million bad faith award and a $46 million punitive damage award against liability insurers who allegedly mishandled the defense of an insured in underlying litigation. (Victaulic Co. v. … Read More

For purposes of a commercial general liability policy, an “occurrence” includes an insured employer’s alleged negligence in hiring, retaining or supervising an employee who intentionally injures a third–party claimant. (Liberty Surplus Insurance Corp. v. Ledesma & Meyer Construction Co., Inc. (2018) … Read More

An insurer’s agreement to defend an additional insured developer under a reservation of rights did not trigger a conflict of interest sufficient to give the developer the right to have independent counsel. (Centex Homes v. St. Paul Fire and Marine … Read More

A liability policy covering the “personal injury” offense of “invasion of the right of private occupancy” required the insurer to defend an insured against a suit alleging a non-physical invasion of the claimant’s rights in real property. ( Albert v. … Read More

A professional liability insurer had no duty to defend its insured against a claim that the insured knew about, or reasonably could have foreseen, before the effective date of the policy. (Admiral Insurance Company v. Superior Court (2017) 18 Cal.App.5th … Read More

Although an insurer issued additional insured endorsements purportedly limiting coverage to “ongoing operations,” the insurer was liable for breach of contract, bad faith and punitive damages after refusing to defend an additional insured against two construction defect lawsuits. ( Pulte … Read More