The California Supreme Court answered the Ninth Circuit’s certified question in Liberty Surplus Insurance v. Ledesma & Meyer Construction. The court rephrased the question presented to it as: “When a third party sues an...more
6/11/2018
/ CA Supreme Court ,
Commercial General Liability Policies ,
Construction Project ,
Duty to Defend ,
Employer Liability Issues ,
Hiring & Firing ,
Insurance Claims ,
Negligent Hiring ,
Negligent Supervision ,
Public Schools ,
Reservation of Rights ,
Reversal ,
Sexual Abuse ,
Third-Party ,
Willful Misconduct
An insurance carrier has declined to defend a claim asserted against its insured, arguably without meeting its obligation to investigate the claim. For whatever reason — a change in personnel, loss of a file, or some other...more
10/30/2017
/ Bad Faith ,
Covenant of Good Faith and Fair Dealing ,
Defense Strategies ,
Duty to Defend ,
Failure to Investigate ,
Genuine Dispute Doctrine ,
Insurance Industry ,
Insurance Litigation ,
Litigation Strategies ,
Policy Exclusions ,
Policy Terms ,
Third-Party Relationships
On May 5, the California Supreme Court will hear argument in a case that has the potential to profoundly change the relationship between the insurer, its insured and the insured’s independent defense counsel under Civil Code...more
On July 29, 2014, I spoke on a panel about recent developments in California bad faith law and related trends. My co-presenter was Robert K. Scott of The Law Offices of Robert K. Scott, and we gave the presentation at ACI’s...more
The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more