Insurance Law

Recent Posts

Is There Coverage for Assaulting Your Employee? Business Dispute Not Covered by Homeowners
Posted on 18 Jun 2015 by Barry Zalma

A Homeowners policy provides worldwide liability insurance coverage to the homeowners subject to various exclusions and limitations. In Perry v. Hartford Underwriters Insurance Company , Not Reported in A.3d, 2015 Del. Super. LEXIS 267 (Del.Super., 6... Read More

Carrier Held to Have No Duty to Defend or Indemnify Insured Massage Therapist Against Claim of Sexual Assault Because the Assault Was Not Allegedly Performed Within the Therapist’s Scope of Employment
Posted on 11 Jun 2015 by Troutman Sanders

Baek v. Continental Cas. Co. , 230 Cal. App. 4th 356 (2014), [ enhanced version available to subscribers ]. In Baek, the general liability carrier for a massage business was held to have no duty to defend or indemnify a massage therapist... Read More

Bar’s Policy That Excludes Assault & Battery Is Not Illusory
Posted on 30 Apr 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes It is not surprising that a bar owner, who did not pay a lot of attention to the ins and outs of his insurance, would be surprised to learn that his commercial general liability policy contained... Read More

You Only Get What You Pay For – Special Assault & Battery Exclusion Applies
Posted on 7 Jan 2015 by Barry Zalma

Insurance, as I have said often, is nothing more than a contract where a liability insurer – for example – promises to defend and indemnify the insured against certain identified risks of loss in exchange for the insured’s promise to... Read More

When Does Assault & Battery Exclusion Apply? Assault & Battery Exclusion Easy to Prove When Patrons Shot
Posted on 17 Jun 2015 by Barry Zalma

Places of public accommodation like bars, restaurants and hotels that serve alcoholic beverages are subject to rambunctious customers who may injure innocent customers. Insurers are loathe to insure risks where damage from assault or battery or the use... Read More

Ninth Circuit Holds Extrinsic Facts Triggered Duty to Defend
Posted on 4 Jun 2014 by Brian Margolies

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 subscribers ], the United States Court of Appeals for the Ninth Circuit, applying California law, had... 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

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

“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