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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
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