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Slow Down, WA Court Taps the Brakes on Insurer’s Duty to Defend

On January 28, 2014, the Washington Court of Appeals held that an insurer had no duty to defend a motorist under either his homeowners or auto insurance policies when the unambiguous allegations made against the insured...more

Insurance Relationships Revisited

In a recent decision of the NSW Court of Appeal (the Court) in Horsell International Pty Ltd v Divetwo Pty Ltd [2013] NSWCA 368, a firm of insurance brokers (Horsell) was ordered to indemnify an insured (Divetwo) in...more

Sexual Misconduct “During” Law Enforcement Activities Does Not “Arise Out of” Law Enforcement Activities

In a recent case before the U.S. District Court for the Central District of Illinois, the court held that jail employees were not entitled to coverage for sexual molestation of an inmate under the law enforcement coverage...more

There is No Coverage for Fighting in Alaska, Seriously

Late last month, the Supreme Court of Alaska affirmed the lower court’s decision in favor of an insurance company that denied coverage to insured, Kent Bearden, for liability in a civil suit filed by the victim of his...more

Orrick's Policy Observer - October 2012

The Observer highlights significant developments in insurance recovery and risk management. In This Issue: - State of California v. Continental Insurance: Opinion Holds Insurers to Their Words - Sixth...more

No Duty to Defend Wrongful Death Action Where Death Was Classified as a Homicide

In Galvani v. Tokio Marine and Nichido Fire Ins. Co., Ltd., 2012 WL 2568220 (N.D. Cal. July 2, 2012), the district court entered summary judgment for a homeowner’s insurer on the grounds that it had no duty to defend an...more

Liability Insurers Owe No Duty To Defend Insureds Alleged To Have Engaged In A Corrupt Scheme To Incarcerate Youth Offenders For...

In a pair of opinions filed on June 20 and 21, 2012, the Third Circuit Court of Appeals emphasized Pennsylvania’s “firmly established” public policy against providing insurance coverage for criminal and other intentional...more

RI Court Holds No Coverage for Criminal Proceedings Involving Nightclub Tragedy

In its recent decision in Derderian v. Essex Insurance Company, 2012 R.I. LEXIS 54 (R.I. Apr. 27, 2012), the Supreme Court of Rhode Island had occasion to consider whether under a general liability policy, an insured was...more

Fifth Circuit: Driving in Violation of Criminal Plea Is Not an "Occurrence" Under Texas Law

In Wilkinson v. State Farm Lloyds, 2012 WL 89957 (5th Cir. (Tex.) Jan. 12, 2012), the U.S. Court of Appeals for the Fifth Circuit found that driving past the house of a sexual molestation victim in violation of a criminal...more

Insurer Has Duty to Defend Sexual Abuse Claims Where Negligence of Partner Is Alleged

In State Auto Property and Cas. Ins. Co. v. Kincaid, 2011 WL 344086 (C.D. Ill. February 1, 2011), the U.S. District Court for the Central District of Illinois, applying Illinois law, found that a commercial general liability...more

E362 NJLaws 1. Liability for Snow and Ice Fall Downs 2. DWI Alcotest Result Thrown Out Where State Police Did Not Use Approved...

E362 NJLaws 1. Liability for Snow and Ice Fall Downs 2. DWI Alcotest Result Thrown Out Where State Police Did Not Use Approved Digital Temperature Measuring Device. 3. Should I Cancel My Life Insurance because of the New...more

E361 1. New Law Gives Car Accident Victims Priority over Car Insurance Company Subrogation Claims. 2. Back to Running after 5...

February 9, 2011 E361 In This Issue: 1. New Law Gives Car Accident Victims Priority over Car Insurance Company Subrogation Claims. 2. Back to Running after 5 Months of Rehab. 3. Prior Refusal to...more

Fraud and Abuse Issues In Off-label Marketing

In This Presentation: Increased Fraud Enforcement Activity; Current Enforcement Climate; Prosecution and Exclusion of Individuals; Inter-relationship with Kickback Allegations; Off-Label Enforcement Activity; Fraud...more

PRESUMPTION OF INNOCENCE AND SETTING OF BOND

The presumption of innocence in a criminal law case means just that: you are presumed innocent unless proven guilty. This is true regardless of whatever crime is alleged, e.g., child sexual abuse, murder, sexual battery,...more

California Supreme Court Finds No Duty to Defend Insured for Assault and Battery Claim Where Injured Party Alleged Insured Acted...

In a long-anticipated decision, the California Supreme Court issued its August 3, 2009 decision in Delgado v. Interinsurance Exchange of the Automobile Club of Southern California, finding that the contention (by the injured...more

Plaintiff's interrgatorries for collections addressing a counterclaim

In this case, I represent someone who gets paid only for succesfully arguing the value of taxable property. The defendant failed to pay despite the written contract. After I sued them, they responded with a counterclaim...more

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