LexisNexis® Legal Newsroom
Ensuing Loss Provisions, Efficient Proximate Cause Rule, and Definition of Collapse Addressed by WA Supreme Court

By Jerret E. Sale , Daniel R. Bentson On May 17, 2012, the Washington Supreme Court issued two new opinions addressing "ensuing loss" provisions (also known as "resulting loss" provisions), the "efficient proximate cause" rule, and the definition of "collapse"...

Nevada Supreme Court Rejects Use of Constructive Notice for Claims Made and Reported Policy

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC Court enforces plain language of Professional Liability Policy issued to Dentist In a well-reasoned and lucid opinion, the Nevada Supreme Court held a professional liability insurer's knowledge that its policyholder dentist had become...

California Adopts "All-Sums-With-Stacking" Doctrine for Continuous and Progressive Property Damage Liability Claims

By Andrew B. Downs , William J. Rusteen , Attorneys, Bullivant Houser Bailey PC Last month, the California Supreme Court issued its long-awaited ruling in State of California v. Continental Insurance Company , 55 Cal. 4th 186 (Aug. 9, 2012). The court adopted an "all-sums-with-stacking"...

Bullivant Houser Bailey: California Court Rejects Declination Regardless of Insured's Breach of Proof of Loss and Notice Requirements

By Jess B. Millikan , Shareholder, Bullivant Houser Bailey PC Once again, insurers are reminded that California courts may not enforce clear and plain language in their contracts. While California courts frequently recognize that insurance policies are contracts, they also frequently "pick...