Smith Smith & Feeley LLP - Insurance Law News - California Insurance Lawyers http://www.insurlaw.com Provides concise summaries of recent insurance legislation and appellate decisions. Wed, 23 Jun 2010 20:24:30 GMT ListGarden Program 1.3.1 http://blogs.law.harvard.edu/tech/rss In Light of "Severability" Clause, Exclusion for Intentional Act of "An" Insured Only Applies to Particular Insured Who Commits Such Act http://www.insurlaw.com/news/news-jun10.htm The California Supreme Court has held that based on a policy’s “severability” clause, an exclusion for the intentional act of “an” insured only applied to the particular insured who committed the intentional act, and did not apply to another insured who was merely negligent in failing to prevent the intentional act. (Minkler v. Safeco Ins. Co. of America (2010) WL 2402973) Wed, 23 Jun 2010 20:24:26 GMT http://www.insurlaw.com/news/news-jun10.htm Liability Policy's Self-Insured Retention Can Only Be Satisfied By Named Insured, Not Additional Insured http://www.insurlaw.com/news/news-may10.htm A general liability policy unambiguously provided that the policy’s self-insured retention could only be satisfied by the named insured, and not by someone else such as an additional insured. (Forecast Homes, Inc. v. Steadfast Ins. Co (2010) 181 Cal.App.4th 1466) Thu, 27 May 2010 16:28:34 GMT http://www.insurlaw.com/news/news-may10.htm Failure to Answer Questions at EUO and to Submit Complete Proof of Loss Defeats Insured’s Suit http://www.insurlaw.com/news/news-apr10.htm An insured’s failure to answer questions at an examination under oath (even on advice of counsel), combined with failure to submit a complete and supported proof of loss form, defeated the insured’s suit for breach of contract and bad faith. (Abdelhamid v. Fire Ins. Exchange (2010) 182 Cal.App.4th 990) Tue, 27 Apr 2010 16:07:58 GMT http://www.insurlaw.com/news/news-apr10.htm Appraiser’s Service as Expert in Unrelated Case is Not Basis for Disqualification from Appraisal Panel http://www.insurlaw.com/news/news-mar10.htm Where a policyholder’s appraiser was serving as an expert for the policyholder’s attorney in an unrelated case, there was no “impression of possible bias” and no basis to disqualify the appraiser from the appraisal panel. (Mahnke v. Superior Court (2009) 180 Cal.App.4th 565) Mon, 29 Mar 2010 20:02:32 GMT http://www.insurlaw.com/news/news-mar10.htm Insured’s Mistaken Construction of House Over Property Line Does Not Constitute "Occurrence," or "Accident" http://www.insurlaw.com/news/news-feb10.htm An insured’s good faith but mistaken construction of a house on neighboring property does not constitute an “occurrence,” or “accident,” within the meaning of a homeowners policy. (Fire Ins. Exch. v. Superior Court (2010) 181 Cal.App.4th 388) Wed, 24 Feb 2010 17:31:47 GMT http://www.insurlaw.com/news/news-feb10.htm 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 http://www.insurlaw.com/news/news-jan10.htm A third party who bought a fire-damaged property at a sheriff’s sale was not entitled to insurance proceeds issued for the property, and an insurer was entitled to a refund from the lender to the extent the loan was satisfied with proceeds from the sheriff’s sale. (Washington Mut. Bank v. Jacoby (2010) 180 Cal.App.4th 639) Thu, 28 Jan 2010 19:39:06 GMT http://www.insurlaw.com/news/news-jan10.htm Annual Review of Insurance Law for 2009 http://www.insurlaw.com/news.htm The Smith Smith & Feeley LLP “Annual Review of Insurance Law” for 2009 is now available for viewing. Sun, 03 Jan 2010 18:48:27 GMT http://www.insurlaw.com/news.htm First Publication Exclusion Relieves Insurer of Duty to Defend Insured In Trademark Infringement Action http://www.insurlaw.com/news/news-nov09.htm The California Court of Appeal has held that a general liability policy’s “first publication” exclusion relieved an insurer of any duty to defend an insured in a suit for trademark infringement. (Kim Seng Company v. Great American Insurance Company of New York (2009) WL 3791874) Fri, 27 Nov 2009 21:15:50 GMT http://www.insurlaw.com/news/news-nov09.htm Contractors Warranty Endorsement Limits Insurer’s Duty to Indemnify General Contractor Who Fails to Obtain Indemnity Agreements and Certificates of Insurance from Subcontractors http://www.insurlaw.com/news/news-oct09.htm The California Court of Appeal has held that a general liability policy’s “contractors warranty endorsement” relieved the insurer of any duty to indemnify a general contractor who had failed to obtain indemnity agreements and certificates of insurance from its subcontractors. (North American Capacity Insurance Company v. Claremont Liability Insurance Company (2009) 177 Cal.App.4th 272) Tue, 27 Oct 2009 17:44:54 GMT http://www.insurlaw.com/news/news-oct09.htm Policies Do Not Cover Damages and Statutory Attorney’s Fees Arising from Insureds’ False Imprisonment and Exploitation of Domestic Servant http://www.insurlaw.com/news/news-sep09.htm The California Court of Appeal has held that a homeowners and personal umbrella insurer had no duty to indemnify its insureds for compensatory damages and statutory attorney’s fees awarded against the insureds after the insureds falsely imprisoned and exploited a domestic servant. (State Farm General Ins. Co. v. Mintarsih (2009) 175 Cal.App.4th 274) Mon, 28 Sep 2009 20:51:13 GMT http://www.insurlaw.com/news/news-sep09.htm