Our Mission

Recent Rulings & News

In Continuous Injury Case, Excess Policy Is Not Triggered Until All Applicable Primary Policies Are Exhausted, But Multiple Primary Policies Issued By Same Insurer Cannot Be "Stacked"

No Coverage Where Building Was "Vacant" For More Than 60 Days Before Loss, Even Though Policy Was Issued Less Than 60 Days Before Loss

In Auto Coverage Dispute, After Exhaustion of "Primary" Policy, All Policies Covering Negligent Driver Must Exhaust Before Any Policies Covering Vicariously Liable Employer Will Apply

Although Insured's Insolvency Renders It Unable to Pay Self-Insured Retention, That Does Not Relieve Insurer of Duty to Pay Covered Portion of Judgment

"Ordinance or Law" Exclusion Bars Coverage Where City Orders Demolition of Building

Where Liability Policy Only Covers Additional Insured for Vicarious Liability of Named Insured, Claim By Additional Insured Against Named Insured Does Not Fall Within Exclusion for "Inter-Insured Claims"

Exclusion for Water That "Backs Up or Overflows" From Sewer or Drain Applies Even Where Blockage Prevents Water From Ever Entering Sewer or Drain

Fire Insurer Must Promptly Object to Late Notice of Claim, and Must Establish Substantial Prejudice From Failure to Submit Sworn Proof of Loss

"Personal and Advertising Injury" Coverage for "Disparagement" Not Triggered Where Insured's Advertisements Do Not Mention Claimant's Products

Insured's Numerous Misrepresentations About Alleged Theft Justify Denial of Claim

In Contribution Action, Once Participating Insurer Proves "Potential for Coverage," Non-Participating Insurer Must Prove "Absence of Actual Coverage"

Government's Suit Against Insured for Violation of Housing Laws Is Not Potentially Covered As "Wrongful Eviction, Wrongful Entry and Invasion of Right of Private Occupancy," But Is Potentially Covered As "Discrimination"

Insurance Code Section 520 Does Not Invalidate "Consent-to-Assignment" Clause In Liability Policy

"All-Sums-With-Stacking" Allocation Rule Applies To Indemnification In Continuous Injury Case

Independent Adjuster Was Not "Sham" Defendant Where Insureds Alleged That Adjuster Negligently Caused Additional Property Damage

Insurer Entitled To Reimbursement From Insured Of Sums Paid In Settlement Of "Slumlord" Suit

Policy Covering "Disparagement" Requires Insurer To Defend Insured Against Suit Alleging That Insured Improperly Sold Claimant's Products At "Close-Out" Prices

Insurer Entitled To Reimbursement From Insured Of Sums Paid In Settlement Of "Slumlord" Suit

Policy Covering "Disparagement" Requires Insurer To Defend Insured Against Suit Alleging That Insured Improperly Sold Claimant's Products At "Close-Out" Prices .

Once Insured's Liability Becomes Reasonably Clear, Insurer Has Duty to Attempt Settlement, Even Absent Demand from Claimant

Absent Actual Coverage, Liability Insurer Cannot Be Liable to Insured for Failing to Accept Third Party's Settlement Offer

In Contribution Action, Insurer Only Needs to Show "Potential" for Coverage Under Co-Insurer's Policy With Self-Insured Retention That Insured Pays As Part of Settlement

Participating Insurer's Equitable Contribution Claim Against Non-Participating Insurer Is Barred By Two-Year Statute of Limitations

Excess Policy Does Not Cover Injury Occurring Prior to Issuance of Policy

Bodily Injury Claim Against Interstate Trucker Is Not Covered By Basic Commercial Auto Policy, But Is Covered By MCS-90 Financial Responsibility Endorsement

In Reinsurance Dispute, Ceding Insurer "Invites Error" By Agreeing to Jury Instruction Regarding Statute of Limitations Issue

Issues Regarding Bad Faith Must Be Resolved Before Insurer Can Compel Arbitration of Independent Counsel Fees

Judgment Creditor Cannot Recover Costs and Interest in Direct Action against Guarantee Association

"Actual Cash Value" Amount Listed in Declarations Is Limit, and Does Not Create "Valued" Property Policy

Commercial Auto Policy's "Mechanical Device" Exclusion Applies Only When Device Is Used in Movement of Property To or From Covered Auto

Smith Smith & Feeley is a firm dedicated to the practice of insurance law. Our mission is to provide all clients with prompt, innovative and cost-effective solutions to insurance claims and litigation, while adhering to the highest professional standards.

Expertise in Insurance Law

We have extensive experience in all facets of commercial and personal insurance law. We have special expertise in:

Our Firm

  • AV Peer Review Rated by the Martindale-Hubbell Law Directory
  • Listed in the Bar Register of Preeminent Lawyers in the field of Insurance Law
  • Listed in A.M. Best’s Directory of Recommended Insurance Attorneys
  • Revisor of the California Insurance Law Digest for A.M. Best
  • Affiliate member of Property Loss Research Bureau/Liability Insurance Research Bureau

 

AV Rating

Best's Recommended Insurance Attorneys - Listed 10 Years
Best's
PLRB Super Lawyers

 

 

 

Orange County lawyer, attorneys and law firms offering all areas of Orange County law and legal resources.

Print Page    
Smith Smith & Feeley LLP
16330 Bake Parkway
Irvine, California 92618

Telephone: 949.263.5920
Facsimile: 949.263.5925
News & Seminars
We closely monitor the courts and the legislature for changes in insurance laws, and report on them in the Insurance Law Alert, our free newsletter. Please click here for more information.
We provide free training seminars on a variety of insurance law issues. Please click here for more information.

 

 

 

 

Disclaimer, Privacy Statement, Terms of Use

Home | Practice Profile | Attorneys | News | Seminars | Careers | Contact

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your own situation.

Smith Smith & Feeley LLP
16330 Bake Parkway . Irvine, California 92618
Telephone: 949.263.5920 | Facsimile: 949.263.5925

©2002-2013 Smith Smith & Feeley LLP All Rights Reserved

Law Firm Web Design