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Professional Malpractice Claim for Failure to Procure Amount of Underinsured Motorist Coverage Requested Does not Accrue Until...

In Lederer v. Schneider (No.B276266, filed 4/19/18), a California appeals court ruled that the statute of limitations on a cause of action for professional malpractice in failing to procure the full amount of...more

Impaired Property Exclusion Bars Coverage When Loose Bolt Interferes with MRI Unit Operation

In All Green Electric v. Security National Ins. Co. (No. B279456, filed 3/19/18, ord. pub. 4/17/18), a California appeals court ruled that the impaired property exclusion barred coverage for a claim based on the insured’s...more

Court Holds That Property Insurance Does Not Cover Economic Loss From Purchasing Counterfeit Vintage Wine

In Doyle v. Fireman's Fund Insurance Co. (No. G054197, filed 3/7/18), a California appeals court held that financial loss from purchasing counterfeit vintage wine was not direct and accidental loss or damage to covered...more

Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award

In Khorsand v. Liberty Mutual Fire Ins. Co. (No. B280273, filed 2/27/18), a California appeals court affirmed an appraisal award favorable to a homeowners insurer, ruling that it was improper to admit as evidence in...more

Court Confirms that Potential Conflicts Do Not Trigger Right to Independent “Cumis” Counsel

In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. C081266, filed 1/22/18), a California appeals court confirmed that an insured’s speculation about possible or potential conflicts do not require appointment of...more

Employer’s False Statements Opposing Workers' Compensation Claim Not Privileged Against Liability Under the Insurance Frauds...

In People ex rel. etc. v. Hebb (No. E066471, filed 12/19/17), a California appeals court held that false or fraudulent statements given in opposition to a workers’ compensation claim are not privileged from liability under...more

Insurer Claiming Reimbursement for Cleanup Costs Entitled to Writ of Attachment Against Insured on Showing Probable Validity of...

In Santa Clara Waste Water Co. v. Allied World Nat'l. Assur. Co. (No. B279679, filed 12/20/17), a California appeals court affirmed the grant of a right to attach order and a writ of attachment against the policyholder for...more

Court Awards Summary Judgment on Prior Knowledge Limitation of Professional Liability Policy

In Admiral Ins. Co. v. Superior Court (No. D072267, filed 11/21/17, ord. pub. 12/12/17), a California appeals court held that an application question about prior knowledge of facts that could give rise to a “malpractice...more

Court Enforces Exclusion of Products Claims From Intercompany Arbitration Agreement

In State Farm General Insurance Co. v. Watts Regulator Co. (No. B271236, filed 11/30/17), a California appeals court held that a manufacturer could not compel intercompany arbitration of an insurer’s subrogation claim,...more

Insurer Reporting of Total Loss to DMV is Subject to Qualified Privilege and Court Explains Admissibility of Claim Documents

In Klem v. Access Insurance Co. (No. 17D070623, filed 11/20/17), a California appeals court analyzed the admissibility of claim file documents as evidence, and held that an insurer’s reporting of a vehicle total loss...more

Ownership is Not a Conclusive Factor for Ongoing Operations Additional Insured Coverage

In McMillin Management Services v. Financial Pacific Ins. Co. (No. D069814, filed 11/14/17), a California appeals court held that an insurer had a duty to defend a general contractor under an “ongoing operations” additional...more

Court Holds That Self-Insured Retentions Exhaust Vertically And Awards Insured Mandatory Prejudgment Interest in Stringfellow Site...

In State of California v. Continental Ins. Co. (No. E064518; filed 9/29/17), a California appeals court ruled that after Continental was ultimately held to pay its policy limits for remediation of the Stringfellow hazardous...more

Montrose III: Appeals Court Rejects “Elective Vertical Stacking,” but Declines to Find “Universal Horizontal Exhaustion” Absent...

In Montrose Chemical Corp. v. Superior Court (No. B272387; filed 8/31/17) (Montrose III), a California appeals court found that excess insurance is not triggered for continuous and progressive losses until there has been...more

Appeals Court Finds Manuscript Additional Insured Endorsements Ambiguous Regarding Completed Operations Coverage for Additional...

In Pulte Home Corp. v. American Safety Indemnity Co. (No. D070478; filed 8/30/17), a California appeals court found that manuscript additional insured endorsements on construction subcontractors’ policies were ambiguous...more

Professional Services Exclusion Bars Coverage Where Ordinary Negligence is Inseparably Intertwined With Professional Service

In Energy Ins. Mutual Ltd. v. Ace American Ins. Co. (No. A140656, filed 7/11/17, ord. Pub. 8/10/17), a California appeals court found that a professional services exclusion barred coverage for wrongful death and other claims...more

Court Declines to Order Arbitration of Bad Faith Case, Applying California Over Federal Law

In Los Angeles Unified Sch. Dist. v. Safety National Casualty Corp. (No. B275597, filed 7/12/17), (“LA Unified”), a California appeals court held that a California state court has the discretion under state law to refuse...more

Court Finds That Split in Underground Storage Tank is Not a Covered Collapse

In Tustin Field Gas & Food v. Mid-Century Ins. Co. (No. B268850, filed 7/3/17), a California appeals court ruled that a split in an underground storage tank, caused by the tank sitting on a rock for years, was not a covered...more

Ambiguous Application Questions Preclude Summary Judgment on Rescission Claim

In Duarte v. Pacific Specialty Ins. (No. A143828; filed 6/12/17, ord. pub. 6/29/17) a California appeals court held that an insurer was not entitled to summary judgment on its rescission claim because the disputed questions...more

Failure to Have Additional Treatment Records Reviewed by Expert Precludes Summary Judgment on Genuine Dispute Doctrine

In Zubillaga v. Allstate Indemnity Company (No. G052603, filed 6/19/17), a California appeals court ruled that triable issues about the insurer’s reliance on expert medical opinions precluded summary judgment on the genuine...more

Repair Cost Exceeding Actual Cash Value Does Not Establish “Total Loss” Under Fire Insurance Policy

In California FAIR Plan Assn. v. Garnes (No. A143190, filed 5/26/17), a California appeals court ruled that “total loss” under Insurance Code section 2051 refers to physical damage or loss, not the economic fact that the cost...more

Court Finds No Bar On Rescinding Workers’ Compensation Insurance, Even After Filing of Claim

In Southern Ins. Co. v. WCAB (No. B278412, filed 5/10/17), a California appeals court, reversing a workers’ compensation arbitrator’s decision, held that a workers’ compensation policy can be rescinded for material...more

Court Finds Customary Use of Work Van for Personal Purposes is Regular Use and Not Covered Under Employee’s Personal Auto Policy

In Medina v. GEICO Indemnity (No. F072548, filed 2/8/17), a California appeals court ruled that a work van admittedly furnished to an employee for both business and personal purposes, being used for personal purposes at the...more

California Supreme Court Upholds Insurance Commissioner’s Authority to Regulate Replacement Cost Estimates

In Assn. of Cal. Insurance Companies v. Jones ( No. S226529, filed 1/23/17), the California Supreme Court reversed trial and appellate court decisions to hold that California’s Insurance Commissioner Dave Jones had the...more

Court Finds No Occurrence for Installation of Defective flooring and Explains Coverage for Attorney Fee Awards

In Navigators Specialty Ins. Co. v. Moorefield Const. (No.G050759, filed 12/27/16), a California appeals court held that the knowing installation of flooring over a vapor-emitting slab was not an accident or occurrence,...more

General Contractor’s Excess Insurer Denied Equitable Contribution From Subcontractor’s Excess Insurer

In Advent v. National Union Fire Ins. Co., etc. (No. H041934 filed 12/6/16), a California appeals court refused to order a subcontractor’s excess insurer to contribute to a general contractor’s excess insurer because the...more

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