Insurance Law

Recent Posts

New Appleman on Insurance Law Library Edition Cited by Missouri Supreme Court
Posted on 25 May 2012 by LexisNexis Insurance Law Newsroom Staff

The Missouri Supreme Court cited the chapter written by Douglas Richmond on agent and broker liability in the New Appleman on Insurance Law Library Edition several times in Emerson Electric Co. v. Marsh & McLennan Cos., 362 S.W.3d 7 (Mo. 2012) , a... Read More

California Supreme Court Finds Liability Policies Are Assignable in Some Circumstances
Posted on 22 Sep 2015 by Bullivant Houser Bailey PC

By Andrew B. Downs and Heather J. Zacharia In a sharp U-Turn, the California Supreme Court has decided that rights under liability insurance policies for harm that has already happened are assignable without the insurer's consent. In California... Read More

California Supreme Court: Insureds May Freely Transfer Insurance Rights
Posted on 29 Sep 2015 by John Green

In 2003, the California Supreme Court ruled, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated... Read More

Supreme Court Allows Discussion Of Insurance In Personal Injury Trial
Posted on 1 Sep 2015 by Randy J. Maniloff

You know the rule of evidence. Mentioning the availability of insurance, during a personal injury trial, is a big N-O. The rule is designed to prevent prejudice in the verdict, which might result if the jury is aware that an insurance company, and not... Read More

California Joins the Majority – Henkel No Longer a Bar to Post-Loss Assignments
Posted on 8 Oct 2015 by Neal Gerber Eisenberg

By Jason Frye , Associate, Neal, Gerber & Eisenberg LLP The California Supreme Court has issued its long-awaited ruling in Fluor Corp. v. Superior Court of Orange Co . and held that California Insurance Code section 520 – a statute tracing... Read More

Update: ALI’s Restatement Of The Law Of Liability Insurance
Posted on 15 Jul 2015 by Randy J. Maniloff

It has now been nine months since the American Law Institute did a switcheroo and converted its Principles of the Law of Liability Insurance to the Restatement of the Law of Liability Insurance. Just a one word change – but an impact that speaks... Read More

Insurance Broker Was Not Liable for Failing to Timely Tender an Insured’s Claim Because the Policy Would Not Have Covered the Claim Even if it Were Timely Tendered
Posted on 21 May 2015 by Troutman Sanders

Ecolite Concrete USA, Inc. v. G.S. Levine Ins. Services, Inc ., 2014 Cal. App. Unpub. LEXIS 9271 (Cal. App. Dec. 31, 2014), [ enhanced version available to lexis.com subscribers ]. In Ecolite Concrete , the California Court of Appeal affirmed the trial... Read More