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 …
Category: Insurance Coverage and Extra-Contractual Liability
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 …
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 …
Court Holds that Eleven Claims are Subject to Single Limit
10/13/17
By: Joyce M. Mocek
Recently, the Eleventh Circuit, applying Florida law, held that eleven claims of bodily injury by separate patients all against a pharmacy and pharmacist for negligence in repackaging a drug for injections constituted “related claims” under the …
Computer System Fraud and Funds Transfer Fraud Coverages Extended to "Spoofing"
9/8/17
By: Richard E. Wirick
Computer theft insurance takes many forms. Under traditional commercial criminal theft products, coverage only applies if there is a “fraudulent (a) entry into…a Computer; [and] (b) a change to Data elements or program logic of a …
Adverse Coverage Ruling Has a Silver Lining
8/28/17
By: William H. Buechner, Jr.
The Georgia Court of Appeals recently ruled for the first time that an insurer may not rely on coverage defenses set forth in a reservation of rights that was sent before the insurer later disclaimed …
8/24/17
By: Michael Kouskoutis
Recently, insurers for Coca-Cola denied coverage on a claim presented under a political risk policy, after a blockade prevented the beverage giant from importing supplies required for soft-drink production. The blockade was the result of political tumult …
8/21/17
The First Appellate District of the California Court of Appeal in Duarte v Pacific Specialty Insurance Company (2017) 13 Cal.App.4th 45, recently sent this message to an insurance carrier who attempted to rescind an insurance policy due …
A “Genuine” Defense to the Bad Faith Lawsuit in California
8/3/17
By: Matthew S. Jones
It seems that “bad faith” lawsuits are becoming more and more prevalent in the California litigation landscape. While a bad faith claim can present serious implications and expose the insurer to extra-contractual damages, including punitive damages, …
6/22/17
By: Zachariah E. Moura
California FAIR Plan Association v. Garnes (May 26, 2017) __ Cal.App.5th __ [218 Cal.Rptr.3d 246]
Hewing to the rule that “where an insurer’s policy contains terms that conflict with the law, the courts will decline to …