The Restatement of The Law of Liability Insurance Is Coming~ Ready Or Not!
5/21/18
By: Gretchen Carner
On May 22, 2018, at the annual meeting of the American Law Institute (ALI ) in Washington, D.C., its members are set to vote on final approval of the Restatement of the Law of Liability Insurance (RLLI). …
Insurance Company Adjuster May Be Liable for Bad Faith
5/14/18
By: Joyce Mocek
Recently a Washington Court of Appeals held that an insurance adjuster, employed by an insurance company, could be held personally liable for bad faith and violation of the Washington Consumer Protection Act (CPA) in the context of …
Court Ruling Highlights Importance of Policy Language
4/11/18
By: America Vidana
In Mt. Hawley Insurance Co. v. Tactic Security Enforcement, Inc., No. 6:16-cv-01425 (M.D. FL. 2018), U.S. District Judge Paul Byron of the Middle District of Florida recently denied an insurance company’s motion for summary judgment, in …
Devil Wine not a “Peril Insured Against"
4/3/18
By: Eric P. Benedict
A California Appellate Court recently ruled that a wine dealer’s fraud was not covered under a collector’s “Valuable Possessions” property insurance policy after the collector discovered that millions of dollars in “rare” wine bottles were sold …
Need a Lyft? Georgia Court of Appeals Decision Raises Coverage Questions for Ridesharing Services and Their Drivers
2/19/18
By: Connor M. Bateman
Most personal automobile insurance policies exclude coverage for damages that result from the ownership or operation of a vehicle used as a “public or livery conveyance.” Although typically undefined in the policy, this phrase has generally …
Cumis Counsel Limited: Insurer-Appointed Counsel Requires Actual Conflict of Interest
2/9/18
By: David G. Molinari
The California Third District Court of Appeals has ruled that the right to Cumis counsel, independent counsel paid by the insurer (San Diego Federal Credit Union v. Cumis Insurance Soc’y, 162 Cal. App. 3d 358 (1984))…
Insurer Entitled To Prejudgment Attachment Against Insured Upon Establishing Probable Validity of Coverage and Recession Defenses
1/29/18
By: Rebecca J. Smith
A California Appellate Court recently ruled that an insurer was entitled to a prejudgment attachment on the property of its insured when the insurer provided what the court deemed to be ample evidence to support its …
Look Mom, No Hands!
1/24/18
By: Seth F. Kirby
On January 22, 2018 a Tesla Model S slammed into a parked fire truck on California’s 405 near Culver City. The driver of the Tesla stated that prior to the accident he had the car’s autopilot …
Pre-Suit is the New Lawsuit: Florida Supreme Court holds Insurance Carrier Had Duty to Defend Policy Holder during Pre-Suit Proceedings
12/22/17
By: Jake Carroll
Given the pace of construction in Florida over the past three decades, it should come as no surprise that the Sunshine State has a robust statutory scheme for construction defect claims. Indeed, Florida’s Construction Defects Statute, Chapter …
Fire On the Mountain: Non-Replacement Valuation First Party Coverage Disputes Arising From Fire Policies
11/16/17
By: Richard E. Wirick
This blog, second in a series of three, deals with coverage issues arising from fire losses in the first party context which do not deal with dwelling replacement cost (loss settlement) disputes. The two …
Fire On the Mountain: Insurance Coverage Disputes Arising Under California Property Policies
11/6/17
By: Richard E. Wirick
No issue in insurance coverage could be more topical than fire losses. The Napa and Sonoma County fires, as well as lesser wildfire losses in the Anaheim area, may well give rise to more coverage disputes …
Dealing with Discovery Dangers in Bad Faith Litigation
10/25/17
By: Jessica C. Samford
Whenever an insurer could be facing a bad faith claim, what documents may be discoverable during litigation is an important consideration. While the ultimate outcome hinges on specific circumstances of the case, the discovery rules of …