Insurance Law

Recent Posts

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

15 Minutes (Fifteen Seconds, Really) Could Have Saved The Gecko More Than 15% On Car Insurance
Posted on 26 Aug 2014 by Randy J. Maniloff

Coverage Opinions hardly ever addresses automobile or subrogation cases. Here I address both. But wait, stay with me. This is an interesting one. It also speaks to an overarching issue concerning how insurers treat policyholders in a certain claim setting... Read More

Never Bring a New Theory to Court of Appeal – Although Benefits Needed There Can Be No Insurance Coverage Without a Contract
Posted on 29 Sep 2015 by Barry Zalma

Shawn Halvorson (Halvorson) challenged the summary-judgment dismissal of his declaratory-judgment action involving a dispute over insurance coverage. In Halvorson v. From, 2015 Minn. App. Unpub. LEXIS 809 (Minn.App.), [subscribers can access an enhanced... Read More

Eastern District of California Finds Policy Covering “Hired” and “Borrowed” Automobiles Does Not Cover Automobiles Driven By the Insured’s Contractual Partners
Posted on 11 Jun 2014 by Troutman Sanders

Travelers Prop. Cas. Co. of America v. LK Transportation, Inc. , 2014 U.S. Dist. LEXIS 33660 (E.D. Cal. Mar. 13, 2014), [ enhanced version available to lexis.com subscribers ]. In LK Transportation , the district court found that “hired”... Read More

Autonomous Vehicles – Where in the (Insurance) World Will They Go?
Posted on 10 Nov 2015 by Dennis Cusack

By Dennis Cusack and David Smith Self-driving cars are coming. In fact, Tesla Model S owners woke up on the morning of October 15, 2015 to discover that a software download to the cars has made them capable of steering and changing lanes at high speed... Read More

An Insurer Has the Right to Choose Who and What It Will Insure – Courts Will not Strain to Create an Ambiguity Where None Exists
Posted on 1 Oct 2015 by Barry Zalma

Since insurance is nothing more than a contract between an insurer and those the insurer is willing to insure, the insurer has the unquestioned right to decide who, for what, and in what limits it is willing to insure. If the insurer and insured agree... Read More

Second Circuit Holds Auto Collisions Caused by Multiple Occurrences
Posted on 27 Oct 2015 by Brian Margolies

In its recent decision in Nat’l Liab. & Fire Ins. Co. v. Itzkowitz , 2015 U.S. App. LEXIS 16763, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ] the United States Court of Appeals for the Second Circuit... Read More