A non-defending insurer’s alleged right to equitably offset settlement amounts paid by other non-defending insurers does not affect the amount of damages suffered by the insured, only the amount of damages that can be recovered by the insured at trial. … Read More

A commercial general liability policy’s “intellectual property” exclusion relieved the insurer of any duty to defend or indemnify its insured against a suit alleging commercial misappropriation of the claimant’s name. ( Alterra Excess and Surplus Insurance Company v. Snyder (2015) … Read More

Where a transient started a fire on the floor of a house in an apparent effort to keep warm but then lost control of the fire, the fire was not an act of “vandalism” for purposes of a “vacancy” exclusion. … Read More

A “prior publication” exclusion relieved a general liability insurer of any duty to defend an insured in a suit alleging trademark infringement, because the insured published at least one advertisement using the claimant’s advertising idea before the policy period, and … Read More

Although a homeowners insurer had no duty to defend an insured against various “personal injury” claims arising from an alleged sexual assault committed by others, a personal umbrella insurer did have a duty to defend the insured against such claims. … Read More

The statute of limitations may be tolled where an alleged tortfeasor or its liability insurer makes an advance payment to an injured person without notifying such person of the applicable limitations period. ( Blevin v. Coastal Surgical Institute (2015) 232 … Read More

Where an insurer’s failure to pay a property claim prevents the insured from making repairs, the insured is entitled to a “conditional” award of replacement cost, but the insured ultimately must still complete repairs in order to qualify for replacement … Read More

As authorized by statute, underinsured motorist benefits may be reduced not only by the amount recovered from the negligent driver’s insurer, but also by the amount recovered from another alleged tortfeasor. ( Elliot v. Geico Indemnity Co. (2014) 231 Cal.App.4th … Read More

A third-party claimant’s failure to make an effective “policy limits demand” against the correct insured insulated the insurer from liability for alleged bad faith failure to settle. ( Graciano v. Mercury General Corp. (2014) 2014 WL 5860297) Facts Sonia Graciano … Read More

A commercial general liability insurer had no duty to defend a massage company’s employee against a suit alleging that the employee sexually assaulted a client during a massage. ( Baek v. Continental Casualty Co. (2014) 2014 WL 4966020) Facts Jamie … Read More