Insurance Law News

Insurance Law Alert

As a free service to clients, prospective clients and other interested persons, we publish the Insurance Law Alert, a newsletter that provides concise summaries of recent legislation and appellate decisions.

Recent Rulings and Legislation

February 2010

• “Products-Completed Operations Hazard” Exclusion Bars Coverage for Insured’s Operations, Regardless of Whether Operations are Related to Insured’s Products
• Insured’s Mistaken Construction of House Over Property Line Does Not Constitute “Occurrence,” or “Accident”
• “Personal and Advertising Injury” Coverage Does Not Apply to Alleged Damages Caused by Insured’s False Advertising of Its Own Products

January 2010

2009 Annual Review of California Insurance Law (PDF) - Download Free Adobe Reader program

Additional Rulings:

• Party Who Bought Fire-Damaged Property at Sheriff’s Sale Was Not Entitled to Insurance Proceeds, and Insurer Was Entitled to Refund from Lender to Extent Lender Received Payoff from Sheriff’s Sale
• “Land Subsidence” Exclusion Relieves Insurer of Duty to Defend Insured Against Suits Arising From Landslide

December 2009

2009 Annual Review of California Insurance Law (PDF) - Download Free Adobe Reader program

November 2009

• “First Publication” Exclusion Relieves Insurer of Duty to Defend Insured In Trademark Infringement Action

October 2009

• “Contractors Warranty Endorsement” Limits Insurer’s Duty to Indemnify General Contractor Who Fails to Obtain Indemnity Agreements and Certificates of Insurance from Subcontractors
• Insurer That Denies Defense to Insured May Not Later Intervene In Third-Party Suit

September 2009

• Policies Do Not Cover Damages and Statutory Attorney’s Fees Arising from Insureds’ False Imprisonment and Exploitation of Domestic Servant
• Agent/Broker Who Claims to Have Special Knowledge of Insured’s Business Assumes Special Duty to Obtain Proper Coverage

August 2009

• Insurer Has No Duty to Defend Insured in Assault and Battery Case, Even Though Insured May Negligently Have Believed He Was Acting in "Self-Defense"
• Insurer Must Inform First-Party Claimant of Contractual Limitation Period, Even Where Claimant is Represented by Attorney

July 2009

• Toxic Tort Claims Against Insured Barred by “Seepage / Pollution / Contamination” Exclusion, and Insured Fails to Satisfy Conditions of “Buy Back” Coverage
• Insurer Has No Duty to Cover Costs Awarded In Connection with Claims that Are Not Potentially Covered
• Restitution Order in Criminal Case Does Not Prevent Victim (or Insurer) From Obtaining Separate Civil Judgment

June 2009

• In Accident Involving Tractor-Trailer Rig, Statute Makes Trailer Lessor’s Policy “Excess” To Tractor Owner’s Policy
• Insurer’s Duty of Equitable Contribution for Defense Costs Arises Where, After Notice of Litigation, Diligent Inquiry Would Reveal Equitable Contribution Exposure

May 2009

• Insurer Properly Denied First-Party Claim Where Contractor’s Negligence Damaged Pipe, Which Caused Corrosion, Seepage and Leakage and Mold
• California Supreme Court Watch

April 2009

• California Supreme Court Restricts Insurers’ Ability to Rely on “Qualified” Pollution Exclusion
• New California Law Further Defines "Agents" and "Brokers"

March 2009

• Insured Can “Stack” Policy Limits Across All Applicable Policy Periods in Cases of Continuous and Progress Property Damage / Bodily Injury
• Bad Faith and Punitive Damages Award Upheld Where Insurer Conducted Biased Investigation, Judge Excluded Evidence of Insured’s Prior Violent and Dishonest Acts, and Judge Excluded Recorded Statements as Hearsay
• Third-Party Claimant Does Not Have Standing to Bring Declaratory Relief Action Against Insured’s Liability Insurer

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