Hartford Casualty Ins.

News & Analysis as of

Policyholder Insider Quarterly

Some Words Are More Equal Than Others: BancInsure vs. FDIC - In George Orwell's "Animal Farm", the governing principle that "all animals are equal" was revised by the pigs, who had ascended into power, to "all animals...more

Insurance Recovery Law - August 2015 #2

Good News for Corporate Policyholders: Insurer Cannot Refuse Coverage Based on Insured's Assignment of Rights Under Policies After Loss Has Occurred - Why it matters: Reversing its holding in a 2003 case, the Supreme...more

Insurance Coverage – Duty to Defend – Recovery From Cumis Counsel

Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C., et al. - California Supreme Court (August 10, 2015) - Under the Independent Counsel provisions of Civil Code Section 2860, a carrier that defends has...more

CA Supreme Court Permits Insurers to Bring Direct Actions Seeking Reimbursement of Excessive Fees Against Cumis Counsel Under...

The California Supreme Court held in Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C. (Squire Sanders) (8/10/2015 - #S211645) that if Cumis counsel, operating under a court order which such counsel drafted and...more

California Supreme Court Permits Restitution Claim By Insurer Against Independent Counsel

In its recent decision in Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C., — (Cal. Aug. 10, 2015), the Supreme Court of California had occasion to consider an insurer’s right to reimbursement from Cumis counsel for...more

Policyholders Fight to Preserve Precedent But Court Limits Coverage For Implied Disparagement

On June 12, 2014, the California Supreme Court, in Hartford Casualty Ins. Co. v. Swift Distribution Inc. 59 Cal. 4th 277 (2014), issued its long awaited opinion affirming an appeal of a ruling that at first blush appeared to...more

California Supreme Court Refines the Tort of Commercial Disparagement

On June 12, 2014, the California Supreme Court issued its decision in the closely watched case of Hartford Casualty Insurance v. Swift Distribution, Inc., S207172. I reported on the Court of Appeals decision last year on...more

Insurance Coverage – Personal & Advertising Injury – Trade Disparagement

Hartford Casualty Insurance Co. v Swift Distribution, Inc. - California Supreme Court (June 12, 2014) - Commercial liability policies provide coverage for “personal and advertising injury.” This term typically...more

Justices Mulling Whom Insurers Can Sue for Reimbursement

Insurance companies hate paying to defend claims they believe may not be covered - especially where the defense fees are significant. But when they do pay for the defense of claims they feel they should not have to...more

Policyholders Fight To Preserve Precedent

In a case pending before the state Supreme Court, Hartford Casualty Ins. Co. v. Swift Distribution Inc., S207172, it seems the entire insurance industry has lined up in an effort to convince the high court that the rules...more

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