“Occurrence” Determined from Viewpoint of Insured – Intentional Act Not an “Occurrence”

By Barry Zalma, Attorney and Consultant An insurance policy must be interpreted to provide the protection the parties intended. It is not a device to protect against every possible incident and, by definition, can only insure against fortuitous events. This axiom of insurance law was enforced by the...

Ninth Circuit Holds Extrinsic Facts Triggered Duty to Defend

In its decision in Burlington Ins. Co. v. CHWC, Inc ., 2014 U.S. App. LEXIS 3941 (9 th Cir. Mar. 3, 2014), [ enhanced version available to lexis.com subscribers ], the United States Court of Appeals for the Ninth Circuit, applying California law, had occasion to consider an insured’s obligation...

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