LexisNexis® Legal Newsroom
Continuous Trigger: The ShamWow of Coverage Issues – Sucking Insurers Dry of Much More Than Would Seem Possible

Federal Court Rejects Continuous Trigger for Construction Defects Randy J. Maniloff, White and Williams, LLP We've all had a waiter use a towel to hold a plate and then put it down in front of us with the warning to be careful because the plate is very hot. Of course, when he's not looking...

California Appellate Court Upholds Trial Court’s Dismissal of a Coverage Claim for an Alleged Advertising Injury

By Kimberly L. Buffington , Partner, Pillsbury Winthrop Shaw Pittman LLP In Oglio Entertainment Group, Inc. v. Hartford Casualty Insurance Company , 200 Cal. App. 4th 573 (2011), the California Court of Appeal concluded that an entertainment company's insurance policy covering "personal...

California Court Denies Rescission of Insurance Policy

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Thompson v. Navigators Ins. Co ., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California considered whether an insurer was entitled...

California Appellate Court Addresses Professional Liability Coverage Issues

Court Discusses Meaning of "Claim," Scope of Dishonest Acts Exclusion and Defense Duties Most professional liability policies contain an exclusion for dishonest acts. Many also include provisions giving the insurer a right, but not a duty, to defend against covered claims. A recent decision...

Pillsbury Winthrop: Ninth Circuit Reaffirms that Insurers May be Obligated to Initiate Settlement Discussions Under California Law

By Brian Martin and Nathaniel Smith , Pillsbury Winthrop Shaw Pittman LLP Insurers frequently disclaim any duty to participate in settling a third party claim against their insureds unless and until the third party claimant makes a settlement demand for a specific amount. The Ninth Circuit Court...

McCarter and English LLP on the Virginia Court’s Narrow Reading of “Proximate Cause” Allegations in a Complaint Is Contradicted by a California Court’s Reading of the Same Complaint

By Adam J. Budesheim, Associate, McCarter & English, LLP In AES Corp. v. Steadfast Insurance Co. , 725 S.E.2d 532 (Va. 2012), the Supreme Court of Virginia became the first ultimate appellate court to rule on whether general liability policies cover global warming injuries. The Virginia court...

California Supreme Court Issues Long-Awaited Allocation Decision: Adopts The “One Giant ‘Uber Policy’” Approach

By Randy J. Maniloff, White and Williams, LLP What do you call it when parties in California can get together and settle a trigger and allocation case? A Montruce. That didn't happen in State of California v. Continental Insurance Company . The Supreme Court of California HAS handed down...

Perkins Coie On All-Sums-With-Stacking Allocation Boosts Insurance Recovery Under “One Giant ‘Uber Policy’”

By Lara D. Cassidy, Koorosh Talieh, and Thomas McMahon, Attorneys, Perkins Coie The California Supreme Court's recent "all-sums-with-stacking" allocation ruling in California v. Continental Insurance Co., No. S170560, 2012 Cal. LEXIS 7324 (Cal. Aug. 9, 2012) (" California "...

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"...