Insurance Law

Recent Posts

Directors and Officers Insurer Sued By FDIC Over Bank Failure
Posted on 27 Jan 2012 by Kevin M. LaCroix

By Kevin M. LaCroix, Esq., Executive Vice President, OakBridge Insurance Services In the FDIC's latest lawsuit filed in its role as receiver of a failed bank, the FDIC not only named as defendants nineteen former directors and officers of the... Read More

Insurer Held Not Liable for Losses Arising from the Insureds’ Alleged Ponzi Scheme Because Coverage Was Precluded By California Insurance Code Section 533
Posted on 16 Jul 2014 by Troutman Sanders

Dillon v. Continental Casualty Co. , 2014 U.S. Dist. LEXIS 41709 (N.D. Cal. Mar. 26, 2014), [ enhanced enhanced version available to lexis.com subscribers ]. In Dillon , the district court held that Insurance Code Section 533 (“Section 533”... Read More

The Selection Process: Ten Most Significant Coverage Decisions Of 2014
Posted on 8 Dec 2014 by Randy J. Maniloff

Welcome to the 14th annual look back at the year’s ten most significant insurance coverage decisions. As I always do at the outset, here is my description of the selection process (repeated from past years’ editions). The process is highly... Read More

Appeals Court Allows Insurer To Handle Identical Claims Differently
Posted on 2 Sep 2015 by Randy J. Maniloff

I’m sure many of us have had this situation. An insurer makes a coverage determination in a claim. We’ll call it claim one and determination A. Then, in claim two, involving indistinguishable facts as claim one, the insurer reaches determination... Read More

“Occurrence” Determined from Viewpoint of Insured – Intentional Act Not an “Occurrence”
Posted on 31 Jul 2013 by Barry Zalma

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... Read More

Notable Insurance Coverage Rulings in the First Half of 2014
Posted on 11 Aug 2014 by Perkins Coie

By Jonathan Hardin and Feola Odeyemi 2014 is shaping up to be a momentous year in insurance coverage law. State and federal courts have already issued several important coverage decisions this year that nevertheless may have slipped "under the... Read More

The 10 Most Significant Liability Coverage Cases – Of All Time
Posted on 19 Feb 2015 by Randy J. Maniloff

I have spent fourteen years coming up with a list of the ten most significant liability coverage cases of that year. In all that time it never occurred to me, until now, to put together a list of the ten most significant coverage cases of all-time. These... Read More

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – January 3, 2011
Posted on 25 Jan 2011 by Daniel W. Gerber and Sarah J. Delaney

Lexis.com subscribers may access the enhanced versions of the cases above. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions & Proceedings State Farm Mut. Auto. Ins. Co. v. Patterson 7 A.3d 454 [... Read More

California Supreme Court to Address One of My Favorite Issues - “Use of an Auto”
Posted on 17 Nov 2015 by Randy J. Maniloff

Two Lewis Brisbois Lawyers Superbly Explain What’s At Stake I’ve always liked “use of an auto” cases – be they in the context of coverage under an auto policy or the auto exclusion in a general liability or homeowners... Read More

LexisNexis® Insurance Law Community Podcast featuring David A. Gauntlett on Intellectual Property Insurance
Posted on 25 Mar 2011 by LexisNexis Legal Business Community Staff

On this edition, David A. Gauntlett of Gauntlett & Associates of Irvine, Calif. discusses various issues surrounding potential coverage for intellectual property claims. He provides insight on exclusions, endorsements and definitions, talks about... Read More

Born To Litigate: Springsteen Makes A Coverage Case
Posted on 25 Feb 2015 by Randy J. Maniloff

What do you call a coverage case that quotes lyrics from a Bruce Springsteen song? An embarrassment of riches. A number of judicial opinions have quoted lyrics from Springsteen. His vivid descriptions and observations of everyday life, the human spirit... Read More

I See Dead People Causing Coverage Disputes
Posted on 12 May 2014 by Randy J. Maniloff

Look, it’s not pleasant, but when you are involved in liability claims you will be forced to confront scenarios involving death. It’s simply the nature of the beast. Liability insurance claims are, by their nature, all about when things go... Read More

CaseWatch: Insurance - Decisions from The Insurance and Reinsurance Report - April 21, 2011
Posted on 2 May 2011 by Daniel W. Gerber and Sarah J. Delaney

Lexis.com subscribers may access the enhanced versions of the cases above. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Additional Insured Boatwright v. Penn-Ohio Logistics 2011 Ohio 1006 [ Lexis.com / LexisONE... Read More

Farella Braun + Martel LLP: Claims For Defective Solar Panels Could Be Covered By General Liability Insurance
Posted on 6 Nov 2015 by John Green

Several solar panel manufacturers and their distributors have been sued in class actions alleging that certain models of panels are defective and need to be replaced. Class actions can be very expensive to defend, and the ultimate liability can also be... Read More

An Insurance Blue Moon: Coverage Owed For Sexual Assault -- “A Particularly Odd Set of Facts”
Posted on 9 Apr 2015 by Randy J. Maniloff

The number of decisions addressing the availability of coverage for a sexual assault are legion. They often, but not always, arise under the liability section of a homeowner’s policy. I have never undertaken a formal count, but, anecdotally, I can... Read More