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Loss of Business Income Due to the Governmental “Stay at Home” Orders Issued in Response to COVID-19 Was Not a Covered Loss

In Mudpie Inc. v. Travelers Casualty Insurance Company of America (No. 20-16858, filed October 1, 2021 ord. certified for publication October 4, 2021.), Mudpie Inc., a retailer of children’s products in San Francisco, filed a...more

Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy

In Wexler v. California Fair Plan Association (No. 303100, filed 4/14/21), Brooke Wexler’s parents insured their residence, which was located in a mountainous high-fire risk area, with a California FAIR Plan Association...more

Triable Issue of Fact Exists As to An Insurer’s Failure to Settle Where Subrogation Demand Letter Represented an Opportunity to...

In Planet Bingo LLC v. The Burlington Ins. Co. (No. E074759, filed 3/18/2021, ord. certified for partial pub.), the Court of Appeal found a triable issue of fact existed as to whether a carrier is liable for bad faith failure...more

Bad Faith Liability for Failure to Settle Requires a Finding that the Insurer Acted Unreasonably

In a unanimous opinion which will impact the plaintiff bar’s strategies for “setting up” liability insurers for “failure to settle” bad faith claims, a California appeals court held in Pinto v. Farmers Ins. Exchange (No....more

Triable Issue of Fact Exists as to Insurer’s Obligation to Provide Coverage Under Occurrence Policy

In Guastello v. AIG Specialty Ins. Co. (No. G057714. filed 2/19/21 ord. pub. 2/23/21), a California appeals court held that triable issues of material fact exist which precluded summary judgment for an insurer seeking to...more

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