Insurance Law

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The Unfortunate Event Test Rules – Can’t Aggregate Three Accidents into One
Posted on 6 Oct 2015 by Barry Zalma

Insurance policy limits of liability can cause disputes between insurers and their insureds so that if there is one accident rather than three (even though the result from a single continuous and repeated exposure to the same general conditions) can limit... Read More

CGL Policy with Specific “Other Insurance” Clause Ruled Excess Over Auto Policy for Claim Arising out of Automobile Accident
Posted on 3 Feb 2015 by Troutman Sanders

Employers Ins. Co. of Wausau v. Lexington Ins. Co. , 2014 U.S. Dist. LEXIS 115747 (C.D. Cal. Aug. 19, 2014), [ enhanced version available to subscribers ] In Employers , the Central District of California found that a CGL Policy was excess... Read More

Ala. Supreme Court: Insured Contractor’s Own Work Needing Repair or Replacement Not an “Occurrence”
Posted on 31 May 2013 by Anderson Kill

By Scott C. Turner, Attorney, Anderson Kill On May 3, the Supreme Court of Alabama's issued its decision in Shane Traylor Cabinetmaker, L.L.C. v. American Resources Ins. Co., Inc. , --- So.3d ---- , 2013 Ala. LEXIS 42 (2013) [ enhanced version... Read More

Appeals Court: You Can Knock Your Wife’s Lover Unconscious At A Urinal And Get Coverage
Posted on 24 Apr 2014 by Randy J. Maniloff

Back in the January 8th issue of Coverage Opinions I mentioned a coverage case involving two guys fighting at a urinal in a bar. Mercury Casualty Co. v. Noll (Cal. Ct. App. Sept. 26, 2013) [ enhanced version available to subscribers ]. Well... Read More

A-L-I Opener: More On Chapter 3 Of The ALI Principles
Posted on 20 Aug 2014 by Randy J. Maniloff

In the last issue of Coverage Opinions I took a brief look at what’s up next for the American Law Institute’s “Principles of the Law of Liability Insurance” Project: Chapter 3. In particular I discussed the Principles’s proposed... Read More

Interesting Case In The “What’s An Accident?” Category
Posted on 2 Mar 2015 by Randy J. Maniloff

I have long been a student of the “what’s an accident?” question for purposes of a liability policy. As I am fond of mentioning, the question has been before courts for a very, very, let’s add one more very, long time. There are... Read More

West Virginia Court Resolves Issues Of First Impression On Insurance Coverage For Delayed Manifestation Claims
Posted on 14 Nov 2013 by Mealeys

By John T. Waldron, III and Sara N. Brown I. Introduction The last few decades of tort litigation in America have been marked primarily by a surge in filings of asbestos, silica and other delayed manifestation bodily injury and property damage claims... Read More

Central District of California Denies Insurer’s MSJ On the Basis That There Was an Issue of Material Fact as to Whether an Alleged Failure to Construct a Home in Accordance With the Residential Community’s CC&Rs Constituted an “Occurrence”
Posted on 26 Aug 2014 by Troutman Sanders

Barks v. Castlepoint Nat’l Ins. Co. , 2014 U.S. Dist. LEXIS 43447 (C.D. Cal. Mar. 26, 2014), [ enhanced version available to subscribers ] In Barks , the district court found that there was an issue of material fact as to whether the... Read More

A Really Curious Coverage Case
Posted on 27 Jul 2015 by Randy J. Maniloff

Regular readers of CO know that I constantly discuss how challenging “what is an accident” cases can be. The question whether an event qualifies as an “accident,” to trigger liability coverage, is the oldest and one of the most... Read More

Intentionally Striking Another Individual Ruled Not an “Occurrence” and Therefore Uncovered Even if Done in Self-Defense
Posted on 5 Feb 2015 by Troutman Sanders

David v. Allstate Ins. Co. , 2014 U.S. Dist. LEXIS 119473 (C.D. Cal. Aug. 25, 2014), [ enhanced version available to subscribers ] In David, the Central District of California ruled that intentionally hitting and biting another person... Read More

Killing Two Is Not an Accident – Three Shots at Head Not an Occurrence
Posted on 4 Nov 2014 by Barry Zalma

After State Farm intervened in a wrongful death action the trial court granted the insurer summary judgment and found State Farm owed neither defense nor indemnity to a person who was convicted of negligently killing two people by firing three shots at... 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

Garage Owners’ Insurance – New Appleman on Insurance Law Library Edition, Chapter 68
Posted on 27 Jul 2012 by LexisNexis Insurance Law Newsroom Staff

By Mark M. Hogewood, Member, Wallace, Jordan, Ratliff & Brandt, L.L.C. This chapter discusses the Garage Policy available to garage owners for their particular insurance needs and risks. As reflected in Section 68.01, the Garage Policy is geared... Read More

Construction Defects as an ‘Occurrence’: State Legislatures Weigh In
Posted on 2 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Edwin L. Doernberger and Theresa A. Guertin, Attorneys, Saxe Doernberger & Vita, P.C. In their article appearing in the November/December 2011 issue of Coverage, "Construction Defects as an 'Occurrence': State Legislatures Weigh... Read More