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Showing results for Office: All / Practice: Insurance
Jan 2024 - Publication
Oregon Landmark Decision Opens Door to Bad Faith Litigation
Aug 2023 - Publication
New District Court Decision Denying Insurer’s Motion for Judgment on the Pleadings in BIPA Action
Mar 2023 - Publication
Florida Tort Reform Bill Highlights
Jan 2023 - Publication
New York Governor Vetoes Grieving Families Act
Sep 2022 - Publication
California Establishes Restrictions on Time-Limited Settlement Demands
Jun 2022 - Publication
Important Changes to Florida’s Proposal for Settlement Rule Takes Effect July 1, 2022
Feb 2022 - Publication
New York Enacts Significant Amendments to Comprehensive Insurance Disclosure Act
Feb 2022 - Publication
Bad Faith in Oregon? The Oregon Court of Appeals Cracks Open the Door...
Jan 2022 - Publication
New York’s Expanded Insurance Disclosure Law Creates More Problems Than Solutions
Jan 2022 - Publication
New York’s Comprehensive Insurance Disclosure Act Broadens Scope of Insurance Disclosure Requirements
Feb 2021 - Publication
Washington State Supreme Court Clarifies "Pedestrian" -- Implications for Personal Injury Protection Coverage
Dec 2020 - Publication
Insurance Coverage COVID-19 Updates (2020)
Jul 2020 - Publication
Colorado General Assembly Sets Forth Prerequisites for an Insurance Company to Use Failure to Cooperate as a Defense to a Claim for First Party Insurance Benefits
Apr 2020 - Publication
District Court Finds Insurer Had No Duty to Defend Insured in Underlying TCPA Class Action Alleging Intentional Transmission of Unsolicited Faxes
Mar 2020 - Publication
COVID-19 Is Not Direct Physical Loss Or Damage
Mar 2020 - Publication
Gordon & Rees - Your 50 State Partner - COVID-19 Task Force
Mar 2020 - Publication
Emerging Coverage Considerations for Insurers Relating to Claims in Connection with COVID-19
Aug 2019 - Publication
Head Trauma has No Age - Amateur Sports Injuries Are Bringing in Professional Dollars
Mar 2019 - Publication
DRI Publishes San Diego Insurance Attorneys’ Article on Protecting Insurer’s Right to Rescind and Avoid Waiver
Dec 2018 - Publication
Hartford Insurance Attorneys Author Article on Federal Jurisdiction Over Direct Actions Against State Chartered Risk Retention Groups
Jul 2017 - Publication
Victor Duarte v. Pacific Specialty Insurance Company – Insurer Not Entitled to Rescind Policy Based on Material Misrepresentation Due to Ambiguity of Application Questions
Jun 2017 - Publication
Big Victory For Debt Buying Industry: Supreme Court Holds That Debt Buyers Are Not “Debt Collectors” Under The FDCPA
Apr 2017 - Publication
Law 360 Publishes Gordon & Rees Attorney Katharine Thompson’s Article "Defining Occurrences For Sexual Abuse Cases"
Mar 2017 - Publication
Ninth Circuit Applies Diamond Heights Framework to Excess Insurer’s Duty to Settle Under California Law
Mar 2017 - Publication
Washington Supreme Court Holds that Insurance Fair Conduct Act is Only Applicable where there has been a Denial of Coverage as Opposed to a Violation of Insurance Regulations
Nov 2016 - Publication
Partner Jay Gregory Authors Article on Use of Surveillance Systems in Connection with Sale of Residential Property
Oct 2016 - Publication
Connecticut Insurance Team Publishes Article "Ill-Gotten Gains: Policy Language and Public Policy" in DRI’s In-House Defense Quarterly
Sep 2016 - Publication
Ninth Circuit Holds Financial Conflict Required Skepticism and Reverses Summary Judgment for Insurer
Aug 2016 - Publication
Bad Faith and Elder Abuse Claims Barred by Genuine Dispute Over Cause of Damage
Aug 2016 - Publication
Insurer’s Unreasonable Refusal to Settle Obligated It to a Stipulated Judgment in Excess of Policy Limits
May 2016 - Publication
Insurance Companies Held Liable as Real Parties in Interest After Unsuccessfully Prosecuting Action Under Assigned Contract with Attorneys’ Fees Provision
May 2016 - Publication
Parent Company Lacks Standing to Bring Declaratory Relief Action Against Subsidiary’s Insurer
Apr 2016 - Publication
Certain Underwriters at Lloyds, London v. Arch Specialty Insurance Co.
Apr 2016 - Publication
Chicago Partner Craig Jacobson Co-Authors ABA Property Insurance Article
Feb 2016 - Publication
Doctrine of Superior Equities Does Not Bar Assignment of Claim against Insurance Broker
Jan 2016 - Publication
Delaney Busch and Kelly Kirby Author Article on Cybersecurity in The Insurance Coverage Law Bulletin
Oct 2015 - Publication
Merton Marks’ Article on Bad Faith Published in Industry Magazine
Sep 2015 - Publication
Insurer May Not Be Bound by Stipulated Judgment Agreed to by Insured Without Insurer’s Consent
Aug 2015 - Publication
California Supreme Court Overrules Henkel and Holds Insurer Consent Is Not Required For Policy Assignment After Coverage-Triggering Event Has Occurred
Aug 2015 - Publication
Insurer May Seek Reimbursement from Independent Counsel of Excessive Defense Expenses Given Trial Court’s Duty to Defend Order
Jul 2015 - Publication
General Liability Insurer Entitled to Subrogate Against its Insured’s Indemnitor
Jun 2015 - Publication
Washington Supreme Court Answers the Ninth Circuit Court of Appeals’ Certified Question on the Definition of Collapse as “Substantial Impairment of Structural Integrity”
Apr 2015 - Publication
Craig Jacobson Co-Authors ABA Article on Recent Developments in Property Insurance Law
Apr 2015 - Publication
Insurer Not Obligated To Cover Claims Arising From Undisclosed Facts Supporting Potential Future Claims
Apr 2015 - Publication
“Malicious” Requires Intent to Harm
Mar 2015 - Publication
Contamination Products Insurance Does Not Cover Recall of Ingredients Supplied to Insured Manufacturer
Mar 2015 - Publication
Umbrella Policy Potentially Provides Coverage For Personal Injury Claims Not Arising From An Accident
Feb 2015 - Publication
Denial of Summary Judgment Does Not Automatically Establish Duty To Defend
Dec 2014 - Publication
Pennsylvania Supreme Court Holds that Statutory Insurance Bad Faith Claims Are Assignable
Dec 2014 - Publication
AMCOMP Views Publishes Article By Merton Marks
Oct 2014 - Publication
CIGA’s Litigation Position in Declaratory Relief Action Was Not a Claim Denial for Statute of Limitations Purposes
Sep 2014 - Publication
CGL Policy’s Employment-Related Practices Exclusion Is Unambiguous and Precludes Coverage for Alleged False Imprisonment of Employees
Sep 2014 - Publication
Gordon & Rees’s Matt Kleiner and Dawn Valentine Author Article in DRI Happenings
Sep 2014 - Publication
Trial Court Committed Prejudicial Error in Refusing Jury Instruction on Role of Insurance Producer as Agent or Broker
Sep 2014 - Publication
Asbestos Suits Against Employers Present New Risk for Employer’s Liability Insurers
Aug 2014 - Publication
“Use” of Auto Includes Unloading Passenger
Aug 2014 - Publication
Connecticut Supreme Court: Insurer Has Standing to Seek Declaration on Fellow Insurers’ Contractual Duties to Defend Mutual Insured
Jul 2014 - Publication
New York High Court Limits Reach of Late Disclaimer Statute, Finding It Applies Only to Death and Bodily Injury Claims
Jul 2014 - Publication
No Duty to Defend Insureds Against Claims for Conspiracy to Abduct Child Since Conduct Not Accidental
Jul 2014 - Publication
Insured Adequately Stated Bad-Faith Claim by Alleging Insurer Did Not Investigate Insured’s First-Party Claim Before Demanding Arbitration
Jul 2014 - Publication
Building Code Violations Requiring Removal Of Nonhazardous Materials Do Not Constitute “Property Damage” Under CGL Policy
Jul 2014 - Publication
CGL Coverage for Commercial Disparagement Requires False or Misleading Statement About Specific Product
Jul 2014 - Publication
Gordon & Rees Philadelphia Partners Author Law Review Article on Tort System and Asbestos Trusts
Jun 2014 - Publication
Prior Publication Exclusion Negates Duty to Defend Where Similar Advertising Was Published Before and During Policy Period
Jun 2014 - Publication
Washington’s Insurance Fair Conduct Act Only Applies to First-Party Claims
Jun 2014 - Publication
Agency Action Must Be Adversarial or Coercive to Be a “Suit” When Policy Doesn’t Define That Term
Jun 2014 - Publication
Matthew Foy and Laura Smith Author Chapter in DRI Personal and Advertising Injury Compendium
May 2014 - Publication
Stipulated Covenant Judgment Sets Minimum Amount of Damages in Bad-Faith Case
May 2014 - Publication
Professional Services Exclusion May Not Be A Complete Bar On Coverage When Insured Also Performs Construction Work
Apr 2014 - Publication
Applicability of Truckers’ Policy Exclusions Is a Triable Issue
Apr 2014 - Publication
Negligent Misrepresentation Claim Can Be Asserted Against Insurance Adjuster
Mar 2014 - Publication
Common Interest Privilege Protects Claims Representative’s Statements to Lawyer
Mar 2014 - Publication
ERISA Preempts Prejudgment Interest Claim Under California Insurance Code Section 10111.2
Mar 2014 - Publication
Insurer Owed Duty to Defend When Self-Insured Retention Provision Expressly Applied Only to Indemnity Obligation
Mar 2014 - Publication
Insured Not Entitled to Independent Counsel Despite Insurers’ Reservation of Rights
Mar 2014 - Publication
Insurer Not Obligated to Defend Underlying Action Seeking Only Injunctive Relief
Mar 2014 - Publication
Cause of Action Exists for HMO’s Negligent Delegation of Statutory Obligation to Reimburse Emergency Physicians
Feb 2014 - Publication
Developments in Insurance Case Law 2013
Feb 2014 - Publication
Food Truck Not an Auto Under CGL Policy
Feb 2014 - Publication
Longer Statute of Limitations Applies in Case Involving Public Entity’s Contract for Private Work
Feb 2014 - Publication
California Fair Plan Association Not Required to Pay Fire Losses Exceeding Policy Limits
Feb 2014 - Publication
Sick Leave Plan Deemed Payroll Practice Outside ERISA Pre-emption and Subject to California Kin Care Law
Feb 2014 - Publication
No Coverage for Data Breach Under Personal Injury Provision in General Liability Policy
Jan 2014 - Publication
American Bankruptcy Institute Journal Publishes Article By Partner Jacob Cohn
Jan 2014 - Publication
DRI ERISA Report Publishes Article By Gordon & Rees Partners Ron Alberts and Sarah Turner
Jan 2014 - Publication
Circuit Split Resolved on Enforceability of Contractual Limitations Period That Begins to Run Before Administrative Remedies Exhausted
Jan 2014 - Publication
The Connecticut Law Tribune Publishes Insurance Article By Dennis Brown and Joe Geoghegan
Dec 2013 - Publication
Denial Of Health Benefits For Federal Employee’s Same-Sex Domestic Partner Violates Plan And Constitution
Nov 2013 - Publication
Auto Exclusion in Homeowner Policy Enforced
Oct 2013 - Publication
New Jersey Supreme Court Rewrites Carter-Wallace Allocation Rules in Cases Involving the State Guaranty Association
Oct 2013 - Publication
Insurer’s Motion to Compel Appraisal of Value of Insured Property Denied Where Insureds Alleged Illegal Adjustment Practices
Sep 2013 - Publication
Insurer’s Withdrawal of Cumis-Triggering Reservation of Rights Eliminates Insured’s Right to Cumis Counsel
Sep 2013 - Publication
Under Oregon Law, EPA Letters Are “Suits” Triggering Liability Insurer’s Duty to Defend
Sep 2013 - Publication
Federal Law Pre-empts State Law on Liability Insurance Chargebacks, But State Law Controls on Workers’ Compensation Insurance
Sep 2013 - Publication
Body-to-Body Contact Not Required for Policy’s “Assault or Battery” Exclusion to Apply
Sep 2013 - Publication
New Jersey Court Approves Direct Suits Among Carriers to Share Defense Costs
Sep 2013 - Publication
No Summary Judgment in Suit Alleging Insurer Should Pay Lost Rents for Vandalized Vacant Building
Sep 2013 - Publication
Insured’s Punitive Damages Award Against Insurer Reduced From $19 million to $350,000
Sep 2013 - Publication
Right to Repair Act Does Not Provide Exclusive Remedy for Homeowners When Construction Defects Result in Actual Damage
Sep 2013 - Publication
The Award of Attorney Fees and Costs Is Appropriate in an Interpleader Action
Sep 2013 - Publication
Settlement With Insurer Precludes Subsequent Claims
Aug 2013 - Publication
No Professional Liability Coverage for Law Firm Victimized by Check Scam
Aug 2013 - Publication
Auto Policy Not Considered As Providing Excess Coverage Over Another Auto Policy Where “Other Insurance” Clauses Conflict
Aug 2013 - Publication
Conduct That Violates Unfair Insurance Practices Act May Be Actionable Under Unfair Competition Law Despite Moradi-Shalal Restriction
Jul 2013 - Publication
California Appellate Court Clarifies Standards for Stays Based on Forum Non Conveniens Grounds
Jul 2013 - Publication
Law Firm Cannot Simultaneously Represent Insurer and Insured With Conflicting Interests
Jul 2013 - Publication
First Circuit Finds Mutual Rescission of Life Insurance Policy
Jul 2013 - Publication
Settlement of Injury Action Against Insured Does Not Bar Claim Against Insurer for Denial of Benefits Under Medical Payments Coverage
Jul 2013 - Publication
Insured City's Failure to Remedy Pre-Coverage Wrongful Act Does Not Create Continuing Occurrence to Trigger Coverage During Policy Period
Jul 2013 - Publication
Provision Capping Insurer's Liability at Per Occurrence Limit Precluded Stacking Primary Policies Issued By That Insurer
Jul 2013 - Publication
Court Decides Issues of First Impression on Property Damage, Bad-Faith Investigation, and Liability for Claims Not Created By Duty to Defend
Jun 2013 - Publication
Insurer in Breach of Duty to Defend May Not Rely on Policy Exclusions to Avoid Indemnity Obligation
Jun 2013 - Publication
California Insurance Code Section 533.5(b) Does Not Apply to Criminal Actions Brought By Federal Prosecutors
Jun 2013 - Publication
Insured Who Was Never Denied Benefits Did Not Have Standing to Sue Disability Insurers Under Unfair Competition Law
Jun 2013 - Publication
Policy Requirement That Insured Property Have Fire Suppression System Is Condition Precedent to Coverage
Jun 2013 - Publication
Connecticut Supreme Court Limits Insurer's Aggregate Exposure to $1 Million in Nursing Home Fire
Jun 2013 - Publication
Second Circuit: Excess D&O Policies Not Triggered Absent Exhaustion of Underlying Limits
Jun 2013 - Publication
Oregon Senate Bill 814 Impacts Insurance for Environmental Claims
Jun 2013 - Publication
Nondefending Insurer Can't Sue Independent Counsel for Reimbursement of Allegedly Excessive Attorney's Fees
May 2013 - Publication
Provision Capping Insurer's Liability at Per Occurrence Limit Precluded Stacking Primary Policies Issued By That Insurer
May 2013 - Publication
No Coverage Under Homeowners' Policy That Excluded Damage Caused By Gradual Water Discharge
Apr 2013 - Publication
California Supreme Court to Review Duty to Defend in Product Disparagement Case
Apr 2013 - Publication
Insurer Lacked Standing to Assert Subrogation Claims Under CERCLA
Apr 2013 - Publication
The Liability Risk Retention Act Preempted a Nevada Order Prohibiting a Risk Retention Group from Writing "First Dollar" Automobile Liability Policies in the State
Apr 2013 - Publication
Plan's Terms, Not Equitable Principles, Govern An Action Pursuant to Section 502(a)(3) of ERISA
Apr 2013 - Publication
Condominium Policy's Vacancy Exclusion Unambiguously Barred Coverage
Apr 2013 - Publication
Fiduciaries Must Act Diligently By Thoroughly Investigating All Potential Investment Opportunities for Beneficiaries
Mar 2013 - Publication
Court Restricts Insurers' Ability to Assert Privilege in First-Party Bad-Faith Suits
Mar 2013 - Publication
No Coverage for Plaintiff That Agreed Not to Execute Stipulated Judgment
Mar 2013 - Publication
Insurer Can Rely on Final Judgment When Determining Duty to Defend
Mar 2013 - Publication
Settling One Insured's Claim in Multidefendant Case Not a Contract Breach
Mar 2013 - Publication
Court Limits Insurers' Ability to Seek Subrogation for Environmental Remediation Claims
Mar 2013 - Publication
Attorney-Client Privilege May Not Protect Communications Relating to ERISA Benefit Determinations Made Prior To Litigation
Mar 2013 - Publication
Insurance Law Quarterly Newsletter
Mar 2013 - Publication
The Supreme Court To Decide Whether Equitable Defenses Can Preclude A Plan's Recovery Under Section 502(a)(3)
Feb 2013 - Publication
Developments in Insurance Case Law 2012
Feb 2013 - Publication
Policy Exclusion Precludes Coverage for Home Demolished By City Order
Feb 2013 - Publication
Freeman Invs., L.P. v. Pac. Life Ins. Co. - Contract Claims In Putative Class Action Related to the Sale of Variable Life Policy Are Not Precluded By the Securities Litigation Uniform Standards Act Where the Claims Do Not Rest on a Misrepresentation or Fraudulent Omission
Feb 2013 - Publication
Attorney-Client Privilege Protects Communications Between Title Insurer and Counsel Prosecuting Insured's Case
Jan 2013 - Publication
Additional Insured Landlord Not An "Insured" For Purposes of Interinsured Claims Exclusion
Jan 2013 - Publication
State of Washington Department of Transportation v. James River Insurance Company ? Binding Arbitration Provisions in Insurance Policies are Unenforceable in Washington
Jan 2013 - Publication
Gemini Insurance Company v. Delos Insurance Company - Additional Insured Landlord Not An "Insured" For Purposes of Interinsured Claims Exclusion
Jan 2013 - Publication
Cardio Diagnostic Imaging, Inc. v. Farmers Insurance Exchange, et al. - California Appellate Court Holds Policy Exclusion for Water That "Backs Up or Overflows" Unambiguously Applies When Water Overflows Due to Drain or Sewer Blockage
Jan 2013 - Publication
Insurance Policy Installment Fees Not Part of Premium If Under Separate Agreement
Dec 2012 - Publication
Summary Judgment Affirmed Based on Insureds' Material Misrepresentations During Claim Investigation
Dec 2012 - Publication
Insurance Law Quarterly Newsletter
Dec 2012 - Publication
ERISA Payroll Practice Exemption Requires Two-Step Analysis
Dec 2012 - Publication
Gordon & Rees's Multistate Hurricane Sandy Team Offers Unique Services for Insurers
Nov 2012 - Publication
Hartford Cas. Ins. Co. v. Swift Distribution, Inc. ? No Coverage For Product Disparagement Under Policy's Personal And Advertising Injury Insuring Agreement Where The Underlying Complaint Fails To Allege That The Insured Referred To Competitor's Product In Its Advertisement
Nov 2012 - Publication
St. Paul Mercury Insurance Co. v. Mountain West Farm Bureau Mutual Insurance Co. ? A non-participating insurer is required to prove absence of coverage in an equitable contribution action
Nov 2012 - Publication
Henderson v. Farmers Group, Inc. ? "Notice-Prejudice Rule" Applies To Late Submission Of Proof Of Loss
Oct 2012 - Publication
Insurance Law Quarterly Newsletter
Oct 2012 - Publication
Bird v. Best Plumbing Group, LLC. ? No Jury Trial Right On Reasonableness Of Covenant Judgment
Oct 2012 - Publication
Carson v. Mercury Insurance Company ? Insurer satisfied obligations under an automobile policy when it paid for a car repair to the manufacturer's repair standards rather than to original factory condition.
Oct 2012 - Publication
Du v. Allstate Insurance Company, et al. ? AMENDED ? Ninth Circuit Retracts Decision That Insurer Must Proactively Attempt To Settle
Oct 2012 - Publication
Fick v. Unum Life Insurance Company of America, et al., - Plaintiff Prevailed In Remanding Long Term Disability Benefits Case To State Court.
Sep 2012 - Publication
Oregon Mutual Insurance Company v. Hartford Fire Insurance Company ? General Allegations of Property Damage and Water Intrusion Do Not Implicate All Contractors and Subcontractors
Sep 2012 - Publication
Morgan v. Amex Assurance Company - Oregon's Attorney Fees Statute Applies to Policies Purchased Outside Of Oregon
Sep 2012 - Publication
Garner v. Sedgwick Claims Management Services, Inc., et al.? Payroll Practice Exists Even When An Employee Exercises A "Buy-up" Option.
Sep 2012 - Publication
Federal Insurance Co. v. Steadfast Ins. Co. et al. ? Excess Insurer Solely Responsible for Duty to Defend
Sep 2012 - Publication
Dowling v. Farmers Ins. Exch. ? Action Should Not Be Dismissed For Failure To Timely Prosecute Within The Five-Year Statutory Period If It Was Impracticable Or Futile To Do So
Sep 2012 - Publication
Fluor Corporation v. Hartford Accident & Indemnity Company - Insurance Code Section 520 Does Not Invalidate Consent-To-Assignment Clauses In Occurrence-Based Liability Policies
Aug 2012 - Publication
The State of California v. Continental Insurance Company, et al. ? California Supreme Court Adopts "All-Sums-With-Stacking" for Continuous Injury Claims
Aug 2012 - Publication
Entin v. Superior Court? Disability Insurer's Election To Pay Benefits During Declaratory Relief Action On Scope Of Coverage Did Not Preclude Insured From Jury Trial
Aug 2012 - Publication
Brady v. United of Omaha Life Insurance Co. ? Injunctive Relief Claims Dismissed Because Duplicative of Benefits Claim and Preempted by ERISA.
Aug 2012 - Publication
Lee v. West Coast Life Ins. Co. ? Federal Interpleader Does Not Shield Negligent Stakeholder
Aug 2012 - Publication
No Coverage For Fraudulent Wire Transfer Loss Where Credit Union Failed To Comply With Bond's Security Procedures
Jul 2012 - Publication
Day v. AT&T Disability Income Plan ? Disability Benefits Can Be Offset by Pension Benefits Distribution.
Jul 2012 - Publication
Admiral Insurance Company v. Joy Contractors, Inc. ? Additional Insureds’ Coverage May Be Rescinded Based on Named Insured's Misrepresentation
Jul 2012 - Publication
Axis Surplus Insurance Company v. Reinoso - No Insurance Coverage For Habitability Claims Against Insured Co-Owner With Actual Knowledge Of Substandard Housing Conditions
Jul 2012 - Publication
Travelers Property Casualty Co. v. Charlotte Russe Holding, Inc. - Implied Product Disparagement Claim Triggered Duty to Defend
Jun 2012 - Publication
Harlick v. Blue Shield of California - Health Insurer Required Under California's Mental Health Parity Act to Pay Costs of Residential Treatment for Anorexia
Jun 2012 - Publication
Insurance Law Quarterly Newsletter
Jun 2012 - Publication
Du v. Allstate Insurance Company, et al. ? Insurer May Have Duty to Proactively Attempt to Settle Third Party Claim
Jun 2012 - Publication
Orr v. Prudential Insurance Co., et al. ? ERISA Plans Not Preempted By State Community Property Law.
Jun 2012 - Publication
National Federation of Independent Business et al. v. Sebelius, Secretary of Health and Human Services
Jun 2012 - Publication
Health Net, Inc. v. RLI Insurance Company ? Dishonest Acts Impact Liability Insurance Coverage.
Jun 2012 - Publication
Texas Appellate Court Enforces Mediation Privilege, But Notes Limitations
Jun 2012 - Publication
Ortega v. Topa Ins. Co. ? Two-Tier Physical Damage Coverage Permissible
Apr 2012 - Publication
Salz v. Standard Insurance Co., et al. ? U.S. District Court Affirms Denial of Claimant's Disability Benefits
Mar 2012 - Publication
DeWitt v. Monterey Insurance Company ? No Bad Faith Refusal to Settle in the Absence of a Duty to Indemnify
Mar 2012 - Publication
Insurance Law Quarterly Newsletter
Mar 2012 - Publication
R&R Sails, Inc. v. Insurance Company of the State of Pennsylvania - Precluding Evidence of Brandt Fees Based on Insured's Failure to Comply with Rule 26 First Required a Finding of Willfulness, Fault, or Bad Faith.
Mar 2012 - Publication
Independent counsel: What is "Cumis"?
Mar 2012 - Publication
Policy limits demands: What is an insurer to do?
Mar 2012 - Publication
M&F Fishing, Inc. v. Sea-Pac Insurance Managers, Inc. ? Insured Is Not Entitled To Restitution For Lawfully-Placed Insurance Coverage
Mar 2012 - Publication
Skinner, et al. v. Northrup Grumman Retirement Plan B, et al. ? Ninth Circuit Relies On Amara In Affirming Dismissal Of ERISA Claims Based On Inaccurate SPD
Mar 2012 - Publication
Susan Rene Jones v. Metropolitan Life Ins. Co., et al. -Attorneys' Fee Motions Under ERISA Closely Scrutinized For Reasonableness
Feb 2012 - Publication
In re Thorpe Insulation Company - Insurers Have Standing to Challenge Asbestos Debtor Insured's Bankruptcy Reorganization Although Federal Law Preempts Policy's Anti-assignment Clause
Feb 2012 - Publication
American States Ins. Co. v. National Fire Ins. Co. of Hartford -- Equitable Contribution Cannot Be Transformed Into Equitable Subrogation
Feb 2012 - Publication
Transport Insurance Company v. TIG Insurance Company, et al. ? Insurer Invited Error as to Reinsurance Statute of Limitations Instruction
Practice: Insurance
Feb 2012 - Publication
Moody v. Bedford ? One Action Rule Inapplicable To Pre-Litigation Settlement
Practice: Insurance
Jan 2012 - Publication
Developments in Insurance Case Law 2011
Practice: Insurance
Dec 2011 - Publication
Jones v. Golden Eagle Insurance Corporation ? When Mutual Insured is in Bankruptcy, Equitable Contribution Claim Against Co-carrier in Rehabilitation Barred by Underlying Plaintiffs' Failure to Participate in Liquidation Process.
Practice: Appellate, Insurance
Dec 2011 - Publication
George v. Automobile Club of Southern California ? Insurer Not Required to Pay Policy Limit in the Event of a Total Loss of Insured Vehicle
Practice: Insurance
Dec 2011 - Publication
Barry Wallman et al. v. Benjamin Suddock - Insurance Policy Terms Not Subject To Unreasonable Interpretation
Practice: Appellate, Insurance
Nov 2011 - Publication
Palp, Inc. v. Williamsburg Nat. Ins. Co. ? Insurer Not Relieved Of Its Duty To Defend By The Mechanical Device Exclusion
Practice: Insurance, Trucking & Transportation
Nov 2011 - Publication
The Oglio Entertainment Group, Inc., et al. v. Hartford Casualty Ins. Co., et al. Copying a Product is Not Equivalent to Copying an Advertising Idea or Style of Advertisement
Practice: Appellate, Insurance
Nov 2011 - Publication
Janopaul + Block Companies, LLC v. Superior Court (St. Paul Fire and Marine Ins. Co.) ? Arbitration under Civil Code 2860(c) Not Proper Until After Ruling on Bad Faith Action Where Breach of the Duty to Defend is at Issue
Practice: Appellate, Insurance
Nov 2011 - Publication
Barnett v. State Farm General Ins. Co. Criminal Intent Required To Trigger Coverage Under Theft Provision
Practice: Appellate, Insurance
Nov 2011 - Publication
Clark v. California Ins. Guarantee Assn. ? Costs and interest not recoverable in section 11580 action against insurer.
Practice: Insurance
Oct 2011 - Publication
Fresh Express Incorporated v. Beazley Syndicate 2623/623 at Lloyd's et al. ? E. Coli Related Losses Not Covered Under Recall/Brand Protection Policy
Practice: Insurance
Oct 2011 - Publication
Aurora S.A. v. Steve Poizner ? Commissioner's Decision to Deny Purchase of California Insurance Company Upheld
Practice: Appellate, ERISA, Insurance, Life, Health & Disability
Oct 2011 - Publication
Western Heritage Ins. Co. v. Superior Court Of The State Of California For The County Of Los Angeles (Parks)? Insured's Procedural Default Does Not Limit Insurer's Intervention Rights
Practice: Insurance
Oct 2011 - Publication
PacifiCare of California, et al v. Bright Medical Associates, Inc. - Health Care Service Plan And Health Care Provider Are Jointly Liable For Delaying Medical Treatment
Practice: Appellate, Insurance
Sep 2011 - Publication
Feldman v. Illinois Union Ins. Co. - "Interrelated Wrongful Acts" Provision Precludes Coverage for Amended Pleading
Practice: Insurance
Sep 2011 - Publication
Withrow v. Bache Halsey Stuart Shield, Inc., Salary Protection Plan (Ltd) ? California's 4 Year Statute of Limitations Applies to ERISA Claim
Practice: ERISA, Insurance, Life, Health & Disability
Aug 2011 - Publication
Howell v. Hamilton Meats & Provisions, Inc. ? Economic Damages For Medical Care Limited To Amounts Actually Paid Regardless Of Discounts Applied By Medical Care Providers
Practice: Insurance, Life, Health & Disability
Aug 2011 - Publication
The Villa Los Alamos Homeowners Association v. State Farm General Insurance Co. ? MacKinnon Interpretation Of Pollution Exclusion Applies To First Party Property Policy
Practice: Insurance
Aug 2011 - Publication
Aroa Marketing, Inc. v. Hartford Insurance Company of the Midwest ? Right of Publicity is Intellectual Property Right Subject to Policy's Exclusion Precluding Personal and Advertising Injury Coverage
Practice: Insurance, Intellectual Property
Aug 2011 - Publication
Mission Viejo Emergency Medical Associates v. Beta Healthcare Group ? Arbitration Provision Conspicuously Contained in Insurance Policy is Enforceable
Practice: Insurance
Jul 2011 - Publication
Behnke v. State Farm General Insurance Company ? Insurer Not liable for Failure to Pay Full Amount of Cumis Counsel Fees
Practice: Insurance
Jul 2011 - Publication
Fairbanks et al. v. Farmers New World Life Ins. Co., et al. ? Putative Class Asserting Fraudulent Business Practice Claim Failed To Show Uniform Conduct Likely to Mislead
Practice: Insurance
Jul 2011 - Publication
State Farm General Insurance Co. v. Frake ?Term "Accident" Does Not Apply to Deliberate Conduct that Directly Causes Injury
Practice: Insurance
Jul 2011 - Publication
David Barboza v. California Association of Professional Firefighters, et al. ? Claimant's Failure to Exhaust his Administrative Remedies is Excused
Practice: ERISA, Insurance, Life, Health & Disability
Jun 2011 - Publication
Hughes v. Progressive Direct Ins. Co. ? Insured Entitled To Bring UCL Claim Based Solely On Allegations The Insurer Violated Insurance Code Section 758.5
Practice: Insurance
Jun 2011 - Publication
Cyr v. Reliance Standard Life Insurance Co., et al. ? In an En Banc Decision, the Ninth Circuit Reverses Authority Which Limited the Proper Parties in Some ERISA Matters to the Benefit Plan Itself, Or the Plan Administrator.
Practice: ERISA, Insurance, Life, Health & Disability
Jun 2011 - Publication
Kaiser Cement And Gypsum Corporation v. Insurance Company of the State of Pennsylvania, et al. ? Court Rejects Generalized Anti-Stacking Rule
Practice: Insurance
Jun 2011 - Publication
The Doan v. State Farm General Insurance Company ? Declaratory Relief Action Can Proceed Prior To Appraisal
Practice: Insurance
May 2011 - Publication
Workmen's Auto Insurance Company v. Guy Carpenter & Company, Inc. ? Reinsurance Broker Owes No Fiduciary Duty to its Client-Insurer
Practice: Insurance
May 2011 - Publication
Richards et al. v. Sequoia Insurance Company ? Compensation for Self-Representation is Not Payment of "Attorney's Fees Expended by the Insured."
Practice: Insurance
May 2011 - Publication
Clarendon American Ins. Co. v. General Security Indemn. Co. Of Ariz. ? Faulty Workmanship Of Insured Fired From Project Subject To Exclusions J(5) And J(6) And Does Not Satisfy Policy's Definition Of "Products-Completed Operations Hazard."
Practice: Insurance
May 2011 - Publication
Cigna Corp. v. Amara - Summary Plan Description Is Not Part of An ERISA Plan
Practice: ERISA, Insurance
May 2011 - Publication
American Modern Home Insurance Company v. Fahmian et al. ? No Time Requirement Necessary to Consider Notice of Intent to Accept Policy Limit Settlement For Reimbursement (April 8, 2011) 2011 Cal.App.LEXIS 420; 11 C.D.O.S. 4319
Practice: Insurance
Apr 2011 - Publication
Shanahan v. State Farm General Insurance Company ? No Duty to Defend Claims Alleging Intentional Sexual Battery, Unpublished Slander, and no Physical Injury
Practice: Insurance
Apr 2011 - Publication
The Housing Group v. PMA Capital Insurance Company ? Insurers' Partial Payment of Defense Fees Following Insureds' Settlement of Third-Party Litigation Construed as Denial of Defense Obligations
Practice: Insurance
Mar 2011 - Publication
Century-National Ins. Co. v. Garcia ? Innocent Insured Not Subject to Intentional or Criminal Acts of Co-Insured
Practice: Insurance
Mar 2011 - Publication
Salomaa v. Honda Long Term Disability Plan ? Ninth Circuit Reverses District Court Holding the Plan Administrator Abused its Discretion in Denying LTD Benefits
Practice: ERISA, Insurance
Mar 2011 - Publication
Kirkwood v. California State Automobile Association ? Insured Entitled to Seek Declaratory Relief on Claim that Insurer Misapplied Statutory Guidelines for Conducting Appraisals
Practice: Insurance
Mar 2011 - Publication
Insurance Law Quarterly Newsletter
Practice: ERISA, Insurance, Life, Health & Disability
Mar 2011 - Publication
U.S. District Court of Western Washington Applies Recently Amended Washington Insurance Regulation Precluding Discretionary Clauses in Disability Polices To ERISA Claims
Practice: ERISA, Insurance
Mar 2011 - Publication
Minich v. Allstate Insurance Company ? No Right To Advance Payment of Repair Costs Under Homeowners Policy
Practice: Insurance
Mar 2011 - Publication
Hibbs v. Allstate Insurance Company ? Insurer Properly Elected To Repair Insured's Vehicle
Practice: Insurance
Mar 2011 - Publication
Trishan Air, Inc. v. Federal Insurance Company ? Failure to Strictly Comply with Warranty Precluded Coverage
Practice: Insurance
Feb 2011 - Publication
Developments in Insurance Case Law 2010
Practice: Insurance
Feb 2011 - Publication
Developments in Life, Health & Disability Case Law 2010
Practice: Insurance, Life, Health & Disability
Feb 2011 - Publication
Blue Shield of California Life & Health Insurance Company v. Superior Court (Kawakita) ? Deviating from Insurance Code Language Results in Blue Shield Voluntarily Extending Two-Year Statute of Limitations on Bad Faith Claims
Practice: Insurance
Feb 2011 - Publication
Leflet v. Redwood Fire and Casualty Ins. Co. ? Arizona Primary Insurer May Not Use a Morris Agreement to Reduce its Liability Below Policy Limits
Practice: Insurance
Feb 2011 - Publication
Ballesteros v. American Standard Insurance Company of Wisconsin ?An Arizona Automobile Insurer Is Not Required to Provide a UM/UIM Selection Form in Spanish to a Spanish-Speaking Insured
Practice: Insurance
Jan 2011 - Publication
Movsesian v. Victoria Versicherung AG ? California Statute Relating to Claims Under German Insurance Policies is not Preempted by Federal Policy
Practice: Insurance
Jan 2011 - Publication
Quality Infusion Care, Inc., v. Health Care Services Corp., d/b/a Blue Cross and Blue Shield of Texas ? The Fifth Circuit Affirms An Insurance Company's Contractual Recoupment of Overpayments To HealthCare Provider
Practice: ERISA, Insurance, Life, Health & Disability
Dec 2010 - Publication
Levine v. Blue Shield of California ? Insurer Owed No Duty To Disclose It Would Have Accepted A Lower Premium
Practice: Insurance
Dec 2010 - Publication
Advanced Network, Inc. v. Peerless Ins. Co. ? "Loss of Use" Different From "Loss" Of The Property
Practice: Insurance
Dec 2010 - Publication
Muniz v. Amec Construction Management, Inc. ? Appellate Court Affirms District Court's Decision Upholding Termination of Disability Benefits
Practice: Appellate, ERISA, Insurance
Nov 2010 - Publication
Hudson Insurance Company v. Colony Insurance Company ? Insurer Obligated To Defend When Facts Alleged Suggest Potential Covered Liability
Practice: Insurance
Nov 2010 - Publication
Michael Mitchell. v. CB Richard Ellis Long Term Disability Plan ? Appeal upheld that MetLife abused its discretion in denying long term disability benefits
Practice: ERISA, Insurance, Life, Health & Disability
Nov 2010 - Publication
Frederico Quan, et al. v. Computer Sciences Corporation; CSC Retirement and Employee Benefits Plan Committee, et al. ? The Ninth Circuit Adopts The "Moench Presumption" For Employee Stock Ownership Plans.
Practice: ERISA, Insurance, Life, Health & Disability
Nov 2010 - Publication
Gunn v Reliance Standard Life Insurance Company ? Appellate Court reverses District Court's Decision: Policy language controls over Summary Plan Document and Reviewing Physician's Long-standing Relationship with Reliance Insufficient to Establish Conflict of Interest where Medical Evidence Supports Reasonableness of Administrator's Decision
Practice: ERISA, Insurance, Life, Health & Disability
Nov 2010 - Publication
Chicago Title Ins. Co. v. AMZ Ins. Servs., Inc. ? Binder Was Proper and Broker Was Insurer's Agent Despite Express Terms of Producer's Agreement
Practice: Insurance
Nov 2010 - Publication
Mackay v. Superior Court (21st Century Ins. Co.) ? No Civil Action To Challenge An Approved Rate
Practice: Insurance
Oct 2010 - Publication
Gonzales v. Unum Life Insurance Company of America, et al.: Neither A Written Instrument Or A Form 5500 Are Required To Establish An Employee Benefit Plan Under ERISA.
Practice: ERISA, Insurance, Life, Health & Disability
Oct 2010 - Publication
Colony Insurance Company v. Crusader Insurance Company-
Practice: Insurance
Oct 2010 - Publication
Lee v. Fidelity National Title Ins. Co. ? Coverage Found Where Title Insurer's Erroneous Description Of Property Was Ambiguous.
Practice: Insurance
Oct 2010 - Publication
Finley v. Hartford Life And Accident Insurance Company 1 ? Ninth Circuit Reverses Northern District Court Decision on ERISA Long Term Disability Claim Based on Video Surveillance that Contradicted Plaintiff's Claim
Practice: ERISA, Insurance, Life, Health & Disability
Oct 2010 - Publication
Lee v. Fidelity National Title Ins. Co. ? Coverage Found Where Title Insurer's Erroneous Description Of Property Was Ambiguous.
Practice: Insurance
Sep 2010 - Publication
Rose Sprinkles v. Associated Indemnity Corporation ? Automobile Exclusion Applies Where Employee Involved in Accident Is on the Way to Work.
Practice: Insurance
Sep 2010 - Publication
HCM Healthcare, Inc. v. California Insurance Guarantee Association ? CIGA Time Limit Strictly Enforced in Pennsylvania Insurer Liquidation
Practice: Insurance
Sep 2010 - Publication
Jackson v. Wilson, Sonsini, Goodrich & Rosati Long Term Disability Plan, et al., On De Novo Review Lack of Objective Medical Evidence Results in Denial of Claim for Disability
Practice: ERISA, Insurance, Life, Health & Disability
Sep 2010 - Publication
Village Northridge Homeowners Association v. State Farm Fire and Casualty Company ? Settling Insured May not Keep Settlement Proceeds and Sue Insurer for Fraud
Practice: Insurance
Sep 2010 - Publication
Fagan v. Life Insurance Co. of North America ? Plaintiff Prevails On Motion for Summary Judgment Based On Physical Impairment
Practice: ERISA, Insurance, Life, Health & Disability
Sep 2010 - Publication
Bonner v. Metropolitan Life Insurance Co., et al. ? Life insurance beneficiary designation must be "signed" to be effective under Federal Employees Group Life Insurance Act ("FEGLIA"), 5 U.S.C. § 8705.
Practice: ERISA, Insurance, Life, Health & Disability
Sep 2010 - Publication
Barbara Sterio v. HM Life, et al. - Denial of Long Term Disability Benefits Was An Abuse of Discretion.
Practice: ERISA, Insurance, Life, Health & Disability
Aug 2010 - Publication
Consolidated Companies, Inc. v. Lexington Insurance Company ? Interpretation of "Charges and Expenses" Under A Business-Interruption Provision
Practice: Insurance
Aug 2010 - Publication
Desert Mountain Properties Limited Partnership v. Liberty Mutual Fire Insurance Company ? An Arizona Insurer May Be Obligated to Pay Expenses Voluntarily Incurred in Repairing Property Even in the Absence of a Lawsuit
Practice: Insurance
Aug 2010 - Publication
Insurance Quarterly Newsletter
Practice: Insurance
Aug 2010 - Publication
Cedell v. Farmers Insurance Co. Of Washington ? First-Party Insurer Entitled To Attorney-Client Privilege In Bad-Faith Case
Practice: Insurance
Aug 2010 - Publication
Gwendolyn Byrd. v. Unum Life Insurance ? Summary Judgment Granted in Favor of Insurer/Claims Administrator Under an Unaltered Abuse of Discretion Standard
Practice: ERISA, Insurance
Aug 2010 - Publication
Prado v. Allied Domecq Spirits and Wine Group Disability Income Policy. ? Defendant Granted Summary Adjudication Because Collateral Estoppel Prevented Re-litigation of Standard of Review; Plaintiff Afforded Leave to Conduct Discovery Re: Conflict of Interest
Practice: ERISA, Insurance
Aug 2010 - Publication
MRI Healthcare Center of Glendale, Inc. v. State Farm Gen. Ins. Co. ? Loss Was Not A Covered "Accidental Direct Physical Loss" Where The Insured Acted Deliberately And Expected The Result.
Practice: Insurance
Aug 2010 - Publication
Rein v. The Standard Insurance Co. ? An Insurance Policy May Constitute The Plan Under ERISA, And May Confer Discretionary Authority To The Insurer.
Practice: ERISA, Insurance
Aug 2010 - Publication
Mitchell v. Metropolitan Life Insurance ? Insurer Abused Discretion By Basing Denial Of Benefits On Narrower "Disability" Definition Among Policy's Conflicting Definitions
Practice: Insurance, Life, Health & Disability
Aug 2010 - Publication
L.A. Checker Cab Cooperative, Inc. v. First Specialty Insurance Co. ? Injuries Allegedly Inflicted in Negligent Self-Defense Are Not Caused by Accident
Practice: Insurance
Aug 2010 - Publication
Schwartz v. Poisner ? Insurance Commissioner Does Not Have A Ministerial Duty To Enforce Rescission Or Insurers' Compliance With Insurance Code Provisions
Practice: Insurance
Aug 2010 - Publication
Marilyn McIlhaney v. Anthem Life Insurance Company Long Term Disability Plan, et al. Denial of Long Term Disability Benefits Was An Abuse of Discretion.
Practice: ERISA, Insurance, Life, Health & Disability
Aug 2010 - Publication
Choice Healthcare, Inc. v. Kaiser Foundation Health Plan of Colorado ? No Personal Jurisdiction Over Out-Of-State Insurance Company That Pays Only A Small Number Of Claims In The Forum State.
Practice: ERISA, Insurance
Aug 2010 - Publication
McReynolds v. American Commerce Insurance Co. ? An Arizona Insurer Faced With Multiple Claims in Excess of Policy Limits, May Properly Interplead its Limits
Practice: Insurance
Aug 2010 - Publication
Sex, Lies, and Videotape: Cyber Liability Issues in a Digital World
Practice: Commercial Litigation, Employment, Insurance
Aug 2010 - Publication
Holmstrom v. Metropolitan Life Insurance Co.? Objective Medical Evidence Supports ERISA Plaintiff's Disability Claim
Practice: ERISA, Insurance
Aug 2010 - Publication
Insurance Defense Conflicts of Interest: Three Main Approaches
Practice: Insurance
Aug 2010 - Publication
Howard v. American National Fire Ins. Co. ? The Genuine Dispute Doctrine Does Not Always Apply To A Bad Faith Claim
Practice: Insurance
Aug 2010 - Publication
Essex Insurance Company v. Heck ? Insurer's Actions Creates Implied Waiver Of Subrogation Rights
Practice: Insurance
Aug 2010 - Publication
Clark v. Superior Court (Nat. Western Life Ins. Co.) ? No Trebling of Restitution Award Under Unfair Competition Law
Practice: Insurance, Unfair Competition
Jul 2010 - Publication
Tad Devlin Authors Article for ICA Summer 2010 Newsletter
Practice: ERISA, Insurance, Life, Health & Disability
Jul 2010 - Publication
Blankenship v. Allstate Ins. Co. ? Minority Does Not Excuse Non-Compliance With Two-Year Limitations Period Applying To Claims Against Uninsured Motorist Insurer
Practice: Insurance
Jul 2010 - Publication
Hervey v. Mercury Casualty Company ? Title of Endorsement Does Not Create Ambiguity When Read In Context Of Policy As A Whole
Practice: Insurance
Jul 2010 - Publication
Clarendon America Insurance Company v. StarNet Insurance Company ? Notice under Calderon Act is a "Suit," defined as a "civil proceeding," triggering duty to defend
Practice: Insurance
Jul 2010 - Publication
S.B.C.C., Inc. v. St. Paul Fire & Marine Insurance Company ? Insurer had no duty to defend claim of misappropriation of customer lists.
Practice: Insurance
Jul 2010 - Publication
Pennsylvania General Insurance Co. v. American Safety Indemnity Company. Property Damage During Policy Period Triggers Coverage Under Policy
Practice: Insurance
Jul 2010 - Publication
Clarendon America Ins. Co. v. North American Capacity Ins. Co. ?Per Claim Self-Insured Retention Did Not Apply, As A Matter Of Law, To Each Home At Issue In Construction Defect Action.
Practice: Insurance
Jul 2010 - Publication
Simonia v. Glendale Nissan/Infiniti Disability Plan ?ERISA Plaintiff Was Not Awarded Attorney's Fees Under ERISA 502(g) When Defendant Insurer Dismissed Its Counterclaim For Overpayment Of Disability Benefits
Practice: ERISA, Insurance
Jun 2010 - Publication
The Keys to Successful Mediation
Practice: Commercial Litigation, Employment, Insurance, Labor
Jun 2010 - Publication
Salz v. Standard Ins. Co. - Structural Conflicts Framework Applies to ERISA Cases Under the Abuse of Discretion Standard
Practice: ERISA, Insurance
Jun 2010 - Publication
Hardt v. Reliance Standard Life Insurance Co. ? ERISA Claimant May Seek Attorney's Fees Even If Not a "Prevailing Party" Per Se
Practice: ERISA, Insurance
Jun 2010 - Publication
Legacy Vulcan Corp. v. Superior Court? Umbrella Insurer Owes Immediate Duty To Defend Underlying Suit
Practice: Insurance
Jun 2010 - Publication
Lagstein v. Certain Underwriters at Lloyd's, London - Ninth Circuit Upholds Arbitration Award Against Disability Insurer
Practice: Appellate, Insurance, Life, Health & Disability
Jun 2010 - Publication
Minkler v. Safeco Insurance Company ? Intentional Acts Exclusion Does Not Preclude Coverage For Negligent Supervision Claim
Practice: Appellate, Insurance
May 2010 - Publication
Wallace v. GEICO Gen. Ins. Co. ? Insurer Cannot Defeat Class Action by Compensating Representative Plaintiff for Her Injuries
Practice: Insurance
May 2010 - Publication
Insurance Law Quarterly Newsletter
Practice: Insurance
May 2010 - Publication
Impact of US Economic Downturn on Professional Liability Insurers: Dealing with Insolvent or Bankrupt Insureds
Practice: Bankruptcy, Restructuring & Creditors' Rights, D&O and Securities Litigation, Insurance, Professional Liability Defense
May 2010 - Publication
Carmona v. Carmona, et al. ? ERISA Benefits Vest At The Time The Participant Retires.
Practice: ERISA, Insurance
May 2010 - Publication
LaAsmar v. Phelps Dodge Corporation Life, Accidental Death & Dismemberment and Dependant Life Insurance Plan ? Insured's Family Awarded Accidental Death Benefits where Insured Died in a Car Accident while Driving Intoxicated
Practice: ERISA, Insurance
May 2010 - Publication
Kim Iann Manning v. American Republic Insurance Company ? Plan Administrator May Require Objective Medical Evidence of Disability
Practice: Insurance, Life, Health & Disability
May 2010 - Publication
Carolina Cas. Ins. Co. v. L.M. Ross Law Group, LLP ? Policy Exclusion Precluded Coverage For Legal Malpractice Claim By Business Entity Managed By The Insured At The Time The Insured Gave Notice Of Potential Claim
Practice: Insurance
Apr 2010 - Publication
Yvette Bravo v. The United States Life Insurance Company in the City of New York, et al. ? Summary Judgment Denied in Non-ERISA Disability Benefits Action
Practice: ERISA, Insurance
Apr 2010 - Publication
Dominguez v. Financial Indemnity Co. ? Permissive User Liability Limitation is Conspicuous, Plain and Clear
Practice: Insurance
Apr 2010 - Publication
United Enterprises, Inc. v. Superior Court (Royal Indemnity Company) ? Stay of Insurer's Declaratory Relief Action Required Until Underlying Law Suits are Adjudicated
Practice: Insurance
Apr 2010 - Publication
Nazaretyan v. California Physicians' Service ? Misrepresentation on Health Insurance Application May Not Be Ground for Rescission where Broker Completed Insureds' Applications Because Insureds Did Not Speak English
Practice: Insurance
Apr 2010 - Publication
Risely v. Interinsurance Exchange of the Automobile Club. ? Insurer's Agreement to Defend Under One Policy and Deny Under Another Violated the Duty to Defend
Practice: Insurance
Apr 2010 - Publication
Martorello v. Sun Life Assurance Co. ? Bonuses Excluded From Calculation of ERISA Disability Earnings
Practice: ERISA, Insurance
Apr 2010 - Publication
Hyundai Motor America v. National Union Fire Ins. Co., et al. ? Patent Infringement Claim Triggers Duty To Defend
Practice: Insurance
Apr 2010 - Publication
Alfredo Leon Orea v. FS San Francisco Employment, Inc.'s Long Term De Novo Disability Plan ? New Evidence Admissible In Review Of Benefits Determination Under ERISA
Practice: ERISA, Insurance
Apr 2010 - Publication
Conkright v. Frommert - Deferential Review Provided to the Plan Administrator
Practice: Insurance
Apr 2010 - Publication
Amerigraphics Inc. v. Mercury Casualty Company ? Business Income Provision Provides Coverage for Both Net Income and Operating Expenses
Practice: Insurance
Apr 2010 - Publication
ICA's Spring 2010 Newsletter Includes Two Gordon & Rees Articles
Practice: ERISA, Insurance, Life, Health & Disability
Apr 2010 - Publication
Intergulf Development v. Superior Court of San Diego (Interstate Fire & Casualty Company) - Resolution of Bad Faith Claim Required Before Parties Could Arbitrate Cumis Counsel Fees Issue
Practice: Insurance
Apr 2010 - Publication
Wise v. Verizon Communications Inc. - One Statute of Limitations Per State For ERISA Benefits-Recovery Claims
Practice: ERISA, Insurance, Life, Health & Disability
Apr 2010 - Publication
Chandler v. State Farm Mutual Auto. Ins. Co. ? Insurer Allowed To Recoup Before The Insured Has Sued The Tortfeasor.
Practice: Insurance
Mar 2010 - Publication
Forecast Homes, Inc. v. Steadfast Insurance Company ? Additional Insured Denied Coverage Pursuant to Unambiguous Precondition
Practice: Insurance
Mar 2010 - Publication
Wilshire Insurance Company v. S.A. ? Arizona Court of Appeals Concludes the Criminal Act Exclusion Prohibits Coverage When the Insured Acts Wrongfully and Intends to Inflict Injury
Practice: Appellate, Insurance
Mar 2010 - Publication
Developments in Life, Health & Disability Case Law 2009
Practice: Insurance, Life, Health & Disability
Mar 2010 - Publication
Gray v. Begley ? Insurer Defending Under Reservation of Rights May Intervene to Contest Judgment
Practice: Appellate, Insurance
Mar 2010 - Publication
Interstate Fire and Casualty Ins. Co. v. Cleveland Wrecking Co. ? Subrogation of Contractual Indemnification Claim Not Precluded by Good Faith Settlement
Practice: Insurance
Mar 2010 - Publication
Developments in Insurance Case Law 2009
Practice: Insurance
Mar 2010 - Publication
City of Laguna Beach. v. California Insurance Guarantee Association ? Self-Insurance Constituted "Other Insurance" that Precluded Reimbursement from CIGA
Practice: Insurance
Mar 2010 - Publication
Scottsdale Insurance Company v. Century Surety Company ? Recovery Limited in Equitable Contribution Actions
Practice: Insurance
Mar 2010 - Publication
Abdelhamid v. Fire Ins. Exchange - Denial of Coverage Proper Where Insured Failed to Perform Condition Precedent for Coverage Under Insurance Contract
Practice: Insurance
Feb 2010 - Publication
Nieto v. Blue Shield of California Life and Health Insurance Co. ? Material Misrepresentations and Omissions in an Insurance Application Justifies Rescission
Practice: Insurance
Feb 2010 - Publication
Aztar Corp. v. U.S. Fire Insurance Co. ? Arizona Court of Appeals Holds Decreased and Lost Anticipated Patronage Resulting from Non-Contributing Property Is Not Covered Under A Business Interruption Policy
Practice: Appellate, Insurance
Feb 2010 - Publication
Yokoyama v. Midland Nat'l Life Ins. Co. ? Hawaii's Deceptive Practices Act Does Not Require Showing Individualized Reliance
Practice: Insurance
Feb 2010 - Publication
Superior Dispatch, Inc. v. Insurance Corporation of New York - Represented Claimants Must Be Notified of All Policy Limitations
Practice: Insurance, Trucking & Transportation
Feb 2010 - Publication
Arce v. Kaiser Foundation Health Plan, Inc. ? Class Action Under UCL Against Health Care Provider's Categorical Denial of Coverage Sufficient
Practice: Class Action, Insurance
Feb 2010 - Publication
American International Underwriters Ins. Co. v. American Guarantee and Liability Ins. Co.- Policy Terms "Hire" and "Borrow" Entail Possession and Control
Practice: Insurance
Feb 2010 - Publication
The U.S. Supreme Court Adopts "Nerve Center" Test To Determine A Corporation's Principal Place Of Business For Purposes Of Diversity Jurisdiction
Practice: Commercial Litigation, Insurance
Feb 2010 - Publication
Fireman's Fund Ins. Co. v. Workers' Compensation Appeals Board California Insurance Guarantee Association ? Post-Stipulation Case Law Does Not Render CIGA Stipulation Invalid
Practice: Insurance
Feb 2010 - Publication
Langston v. North American Asset Development Corporation Group Disability Plan ? ERISA Plaintiff Who Obtained Remand Order Deemed Prevailing Party
Practice: ERISA, Insurance
Feb 2010 - Publication
Zhang v. Superior Ct. (Cal. Capital Ins. Co.) - Review Granted and Opinion Superseded by California Supreme Court Case No. S178542 (February 10, 2010)
Practice: Appellate, Insurance
Feb 2010 - Publication
State Farm General Insurance Company v. JT's Frames, Inc. - Transmission of Unsolicited Facsimiles is not "Advertising Injury" or "Property Damage"
Practice: Insurance
Feb 2010 - Publication
Fire Insurance Exchange v. The Superior Court of San Bernardino County - Insureds' Mistaken Belief Does Not Qualify For Coverage
Practice: Insurance
Feb 2010 - Publication
Total Call International, Inc. v. Peerless Insurance Company ? Claim that Insured Falsely Advertised its Product Not Covered as "Advertising Injury"
Practice: Insurance
Jan 2010 - Publication
American States Insurance Company v. Progressive Casualty Insurance Company et al. - Insured Status Under Omnibus Clause
Practice: Insurance
Jan 2010 - Publication
United States Life Insurance Co. v. Superior National Insurance Co. - Arbitration Panel's Ex Parte Meeting with Neutral Experts Not Unfair
Practice: Insurance, Life, Health & Disability
Jan 2010 - Publication
Baker v. National Interstate Insurance Company Products - Completed Operations Exclusion Applies to Completed Services Unrelated to Any Product
Practice: Insurance
Jan 2010 - Publication
Insurance Law Quarterly Newsletter
Practice: ERISA, Insurance, Life, Health & Disability
Jan 2010 - Publication
UDC-Universal Development, L.P. v. CH2M Hill ? Duty to Defend Triggered at Time of Tender
Practice: Insurance
Jan 2010 - Publication
Trinity Universal Ins. Co. v. Employers Mut. Cas. Co. - Pro-Rata Co-Insurers have Right of Contribution for Cost of Defense
Practice: Insurance
Jan 2010 - Publication
Association of California Insurance Companies. v. Poizner - 2006 Amendments to Proposition 103 Regulations Upheld as Valid
Practice: Insurance
Jan 2010 - Publication
Recent Developments in ERISA Case Law
Practice: ERISA, Insurance
Jan 2009 - Publication
Ninth Circuit Holds Insurer That Provided Notice Of Cancellation Of Policy By Certified Mail Did Not Satisfy "Mailed" Requirement Of Washington Statute Regarding Cancellation Where Notice Was Returned To Insurer Undelivered, Rendering Cancellation Ineffective.
Practice: Insurance
Jan 1900 - Publication
Gordon & Rees’ Hurricane Ian Team Offers Unique Services for Insurers
Practice: Insurance
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