Smith & Smith LLP

Smith & Smith LLP https://validator.w3.org/feed/docs/rss2.html Seminars Careers News Property Insurance Liability Insurance Insurance and Bad Faith Litigation Practice Profile Stephen E. Smith Phillip E. Smith Attorneys Insurer Has Right to Appeal Default Judgment Entered Against Insured in Small Claims Action Home Contact In Continuous Injury Case, Excess Coverage Is Triggered After Exhaustion of Listed Primary Coverage Where Policy Lapsed Prior to Loss and Insurer Granted Post-Loss Reinstatement, Questions of Fact Existed About Whether Insurer Reinstated Policy With – or Without – Lapse in Coverage Claim for Bad Faith Failure to Settle Requires Finding That Insurer Acted “Unreasonably” Insurer Has No Duty to Defend Insured Against Antitrust Lawsuit Alleging Fraudulent Conduct in Obtaining Patent No Bad Faith Where, Based on Expert Investigation, There Was “Genuine Dispute” Regarding Cause of Damage to Property Disclaimer, Privacy Statement, Terms of Use “Anti-SLAPP” Statute Does Not Bar Insured’s Bad Faith Lawsuit Against Insurer After Total Loss, Insureds Who Built Replacement House at Different Location Were Not Entitled to Extended Replacement Cost Benefits Where Insureds Conceded They Did Not Spend More Than Policy’s Stated Limit Superior Court Can Decide Factual Issue Necessary to Determine Coverage Under Excess Workers’ Compensation Insurance Policy Where Tenant’s Marijuana Grow Operation Causes Fire, Landlord’s Insurer Cannot Deny Coverage Unless Insurer Shows Landlord Knew or Had Control Over “Increased Hazard” Choice of Law Ruling in Earlier Rhode Island Coverage Action Does Not Act As Collateral or Judicial Estoppel in Later California Coverage Action Liability Policy’s Arbitration Clause Is Binding on Additional Insured 2019 Annual Review of California Insurance Law Insured Established That “War” Exclusions Should Be Given “Special” Meaning Based on Industry Usage, Not “Plain and Ordinary” Meaning “Wage and Hour” Exclusion Does Not Eliminate Insurer’s Duty to Defend Insured Against Employees’ Lawsuit Alleging Failure to Reimburse Work-Related Expenses CORONAVIRUS CLAIMS AND COMMERCIAL GENERAL LIABILITY POLICIES: ASSESSING POTENTIAL EXPOSURE Do the Business Income and/or Civil Authority Coverages Apply to COVID-19 Business Closures? In Continuous Injury Case, Insured Can Seek Coverage Under Excess Policies Pursuant to “Vertical Exhaustion” Rather than “Horizontal Exhaustion” “Mislabeling” Lawsuit Against Prescription Drug Retailer Does Not Trigger Coverage Under Additional Insured Endorsement in Supplier’s General Liability Policy “Business Pursuits / Rental” Exclusion Relieves Insurer of Duty to Defend Insured Against Suit Brought By Tenant Where Insureds Mistakenly Provide Tax Returns to Insurer’s Attorney, and Attorney Then Discloses Returns to Insurer and Accountants, Attorney Can Be Held Liable for “Invasion of Privacy,” But Not “Elder Abuse” Where Lease Requires Landlord to Procure Fire Insurance for Benefit of Tenant, Landlord’s Insurer May Not Subrogate Against Tenant Additional Insured Endorsement’s “Care, Custody, or Control” Exclusion Does Not Relieve Insurer of Duty to Defend General Contractor Under “Fraudulent Conveyance” Statute, Third-Party Claimant Can Challenge Insured’s Release of Bad Faith Claim Against Insurer That Allegedly Breached Duty to Settle Insurer Not Liable Where Insured’s Contractor Cashes Jointly-Payable Check Pursuant to Authority Granted in Contract Despite Statute Prohibiting Public Entities from Seeking Indemnity from Employees, Public Entity’s Insurer Is Entitled to Recover from Employees’ Insurer Higher-Layer Excess Policies Do Not Incorporate Lower-Layer Umbrella Policies’ Self-Insured Retentions, and Cover Defense Costs Without Regard to Outcome of Case California’s “Notice-Prejudice” Rule is Fundamental Public Policy for Choice of Law Analysis, and Rule Applies to Consent Provisions in First-Party Policies But Not Third-Party Policies Evidence Supports Punitive Damage Award Against Insurer for Bad Faith Delay in Paying Underinsured Motorist Benefits California Appellate Court Broadly Construes Subcontractor’s “Duty to Defend” Developer Under Indemnity Agreement Heir Is Entitled to Uninsured Motorist Benefits Only Under Automobile Policy, Not Umbrella Policy After Developer Obtains Default Judgment Against Subcontractor, Developer’s Excess Liability Insurer Prevails in Judgment Creditor Action Against Subcontractor’s General Liability Insurer Uninsured Motorist Policy Allows Insurer to Reduce Payments to Insured by Amount of Medical Expenses That Are Eligible for Payment Through Workers’ Compensation In Personal Injury Action Brought Against Deceased Insured’s Estate Pursuant to Probate Code, Insurer Is De Facto “Party” That Can Be Liable for Costs Trial Court Properly Grants Insurer’s Motion to Set Aside Default Judgments Against Insured on Ground of Extrinsic Mistake. Insurer of “Suspended” Developer Cannot Pursue Subrogation Action Against Developer’s Subcontractors 2018 Annual Review of California Insurance Law