Resolving an issue of first impression, the California First District Court of Appeal recently decided that property policyholders required to submit to an examination under oath (EUO) have a right to record the entire...more
Courts don’t look kindly upon insurance company shell games. In Preferred Contractors Ins. Co. v. Baker & Son Construction, the Washington Supreme Court slapped down an insurer’s attempt to manipulate the type of general...more
Recently, amid the tempest of media coverage surrounding Supreme Court oral arguments in the case of Students for Fair Admission v. President & Fellows of Harvard College, another federal court quietly issued a dispositive...more
On July 13, 2022, the California Second District Court of Appeal issued a published decision reversing a trial court’s dismissal of a policyholder’s COVID-19 coverage claim. In Marina Pacific Hotel & Suites, LLC v. Fireman’s...more
This week the Louisiana Court of Appeal found coverage for coronavirus and COVID-19 claims by reading the actual insurance policy language and relying on long-established precedent governing the interpretation of insurance...more
In a recent federal court filing, Zurich American Insurance Company asked the district court to ignore the entirety of science regarding COVID-19 in order to support Zurich’s denial of all coverage for COVID-19 business...more
Since the novel coronavirus landed in America, the insurance industry has worked hard to create the impression that there is no coverage for business interruption losses resulting from the pandemic. For the most part,...more
Many restaurants that do not like food delivery platforms delivering their food will have their concerns addressed by a new California law enacted on September 24, 2020. AB-2149, known as the Fair Food Delivery Act of 2020,...more
Ninth Circuit decision prohibits use of lodestar-only methodology to calculate a fee award for class action settlements involving coupons.
The decision contemplates coupon class action settlements where coupons are...more
Businesses buy property insurance to protect their bottom line in the event that something bad results in lower sales or increased costs. Insurance companies seek to improve their bottom line by increasing sales and reducing...more
Many U.S. businesses face income losses from theft, vandalism and resulting curfew orders, which have affected numerous cities in recent days.
Commercial property insurance policies may provide coverage for these losses,...more
The insurance industry’s generic arguments that there is no coverage for the COVID-19 pandemic should not be accepted at face value, as coverage may be available depending on specific policy terms and individualized...more
In a long-running environmental case, the state’s high court rejects insurers’ theory of so-called horizontal exhaustion.
California Supreme Court hands policyholders a victory in latest Montrose case and upholds...more
The California Court of Appeal recently disposed of a novel attack on bad faith law launched by Zurich American Insurance Company. In Miller Marital Deduction Trust, et al. v. Zurich American Insurance Company, 2019 DJDAR...more
claims often end in confidential settlements, as do many insured liabilities. But does it matter if lawyers sign a settlement agreement approving “as to form and content”? Last month, the California Supreme Court answered...more
By statute, California law holds that willful misconduct—where an insured intends to cause someone harm—is not insurable as a matter of public policy. For years, insurance companies have sought to expand this prohibition to...more
6/6/2018
/ CA Supreme Court ,
Commercial General Liability Policies ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Employer Liability Issues ,
Hiring & Firing ,
Insurance Industry ,
Insurance Litigation ,
Negligent Hiring ,
Negligent Supervision ,
Policy Exclusions ,
Willful Misconduct
Ten years ago, hundreds of retailers, chain restaurants and others were targeted nationwide as defendants in class action suits under the Fair and Accurate Credit Transactions Act (FACTA) for violating the so-called...more
California’s Supreme Court has reversed its own heavily criticized decision from 2003 in Henkel Corp. v. Hartford Accident & Indem. Co. (2003) 29 Cal. 4th 934. In Fluor Corp. v. Superior Court, the Court announced that its...more
Los Angeles residents didn’t need to go to McDonald’s for their “Shamrock Shake” on St. Patrick’s Day 2014. At 6:25 a.m., a 4.4-magnitude earthquake shook L.A. County out of bed. Monday’s shake serves as a reminder to be...more
In This Issue:
- Federal Housing Finance Agency Proposes New Rules on Lender-Placed Insurance
- J.P. Morgan Decision Curtails the Phantom “Restitution Defense” to D&O Coverage
- Bad-Faith Claims...more
9/26/2013
/ Additional Insured ,
Bad Faith ,
Business Interruption ,
Commercial General Liability Policies ,
D&O Insurance ,
Faulty Workmanship ,
FHFA ,
Hurricane Sandy ,
Insurance Industry ,
ISOs ,
JPMorgan Chase ,
Lender-Placed Insurance ,
Natural Disasters ,
Occurrence ,
Professional Liability ,
Restitution
On March 29, the Federal Housing Finance Agency (FHFA) proposed consideration of new regulation on lender-placed insurance. The FHFA specifically requested public input concerning sales commissions and reinsurance activities,...more