John Green

John Green

Farella Braun + Martel LLP

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Latest Publications


Insurer Must Still Defend Even if Covered Claims Are Dismissed

We encounter the following scenario from time to time: The defense counsel just scored a big victory, knocking out a key cause of action. The only problem is—the carrier now says that claim was the only covered cause of...more

9/28/2015 - Appeals Commercial Insurance Policies Covered Claims Dismissals Duty to Defend Insurance Litigation Right To Appeal

California Supreme Court: Insureds May Freely Transfer Insurance Rights

In 2003, the California Supreme Court ruled that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated the policy condition against assignments without insurer consent....more

9/3/2015 - Asset Purchaser Assignments CA Supreme Court Commercial Insurance Policies Fluor Long-Tail Claims Reversal Subsequent Purchasers

Claims for Defective Solar Panels Are Covered by CGL Insurance

Several solar panel manufacturers and their distributors have been sued in class actions alleging the panels are defective and need to be replaced. As will be explained below, these kinds of claims are covered by general...more

7/23/2015 - Commercial General Liability Policies Loss of Use Manufacturers Product Defects Property Damage Solar Panels

Insurance May Cover Call Recording Class Actions

Companies often monitor or record conversations between their employees and customers for training or quality control purposes. California law prohibits monitoring or recording unless both parties consent. Class actions have...more

6/17/2015 - Actual Injuries Audio Recording Class Action Client Services Commercial General Liability Policies Commercial Insurance Policies Consent Damages Invasion of Privacy Publication Requirement Recording Requirements

Court Finds Coverage For Settlement Of Restitution Claim

Insurers often take the position that indemnification for claims for “restitution” are barred by public policy, and contend they have no obligation to reimburse a settlement of such claims. They often take this position even...more

7/29/2014 - Indemnity Claim Insurers Public Policy Restitution Settlement

D&O Coverage: The Devil Is In the Details

A five-paragraph opinion by the New York Appellate Division suggests the potentially devastating consequences of ignoring the fine print of Directors & Officers Liability insurance policies. In Associated Community Bancorp.,...more

7/21/2014 - Appeals Bernie Madoff Board of Directors D&O Insurance Directors Duty to Defend Liability Insurance Litigation Fees & Costs Policy Exclusions Shareholder Demands

New case affirms broad duty to defend in construction defect case where damage dates unclear

A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. ...more

6/12/2013 - Construction Defects Damages Duty to Defend Insurers

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more

2/13/2013 - Abuse of Process Commercial General Liability Policies Duty to Defend Malicious Prosecution Noerr-Pennington Doctrine Patents Sham Litigation Exception Walker Process Claims

General Liability Policies May Cover Antitrust, Patent, and Other Business Litigation – Part 1

General liability insurance is frequently overlooked in business litigation. These policies, however, include coverage for “disparagement” and “malicious prosecution.” Both terms are construed broadly and may provide coverage...more

2/8/2013 - Antitrust Litigation Business Litigation Commercial General Liability Policies Disparagement Infringement Libel Malicious Prosecution Patents Slander Trade Secrets

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