The war exclusion has received a lot of attention over the past year, particularly since Russia invaded Ukraine in February. Policyholders’ concern that insurers will assert the exclusion as a basis to deny coverage is...more
7/15/2022
/ Casualty Insurance ,
Cyber Attacks ,
Cyber Insurance ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Property Insurance ,
Ransomware
The “war” exclusion has gotten more attention over the past couple of weeks in light of Russia’s invasion of Ukraine. For good reason. This exclusion, common in property and liability policies alike, typically eliminates...more
3/15/2022
/ Contract Interpretation ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Malware ,
Policy Exclusions ,
Property Insurance ,
Ransomware
Smoke taint has dominated the worries of the California wine industry recent years. With unsettled climate conditions and continued droughts, there is no reason to think that smoke taint will not continue to be a significant...more
10/28/2021
/ Contract Negotiations ,
Crop Insurance ,
Crops ,
Fire Damage ,
Insurance Claims ,
Insurance Contracts ,
Insurance Industry ,
Property Damage ,
Property Insurance ,
Risk Mitigation ,
Wine & Alcohol ,
Wineries
Unfortunately, we again write while wildfire is devouring homes and businesses in Napa and Sonoma, and threatening many more. We’ve previously posted tips about first steps that you should take in the event your business has...more
The cannabis industry has flourished, along with it the cannabis insurance market has grown. As more carriers write cannabis coverage, there are still gaps in available coverage. Ensuring your cannabis business has the right...more
Though much of the conversation regarding insurance coverage for COVID-19-related losses has focused on the potential for business interruption-type coverage... insureds should not overlook the potential that COVID risks...more
Now that the CCPA is in effect, some companies will need to revise their policies.
The cyber insurance markets are beginning to adapt to the new California Consumer Privacy Act (CCPA) which went into effect on January...more
2/25/2020
/ California Consumer Privacy Act (CCPA) ,
Commercial General Liability Policies ,
Consumer Privacy Rights ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Personally Identifiable Information ,
Policy Exclusions ,
Popular ,
Privacy Laws ,
Risk Assessment
In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule is a fundamental public policy of...more
9/18/2019
/ Appeals ,
Breach of Contract ,
CA Supreme Court ,
Choice-of-Law ,
Commercial General Liability Policies ,
Consent ,
Contamination ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Late Notices ,
Notice Prejudice Rule ,
Notice Requirements ,
Policy Terms ,
Public Policy ,
Remediation ,
Summary Judgment ,
Third-Party Liability
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
Two recent cases from separate California state courts correctly interpret the phrase “that particular part” and apply it in its intended narrow sense. This is good news for contractors and is in contrast to some recent...more
If your business has sustained a fire loss, below are steps for you to take in working with your insurers to ensure that you receive the maximum benefits under any applicable insurance policies....more