Insurance Law

Recent Posts

Top CA Case of the Week: Village Northridge Homeowners Association v. State Farm Fire and Casualty Company
Posted on 22 Sep 2010 by Peter Sindhuphak

Peter Sindhuphak, Associate, Barger & Wolen, LLP In Village Northridge Homeowners Association v. State Farm Fire and Casualty Company (decided August 30, 2010) (free unenhanced download), the California Supreme Court rejected an insured’s... Read More

Goldgerg Segalla’s Professional Liability Monthly – October, 2010
Posted on 1 Nov 2010 by Sharon Angelino, Brian Biggie and Richard Cohen

IN THIS MONTH'S EDITION: Subjective Statements of Underwriter Insufficient in Rescission Action Policyholder Under Medical Malpractice Policy Defeats Rescission Claim - Loses Coverage Under Exclusion States Can Proceed With Challenge to Healthcare... Read More

Cancellation Waives Right to Rescind: Cancellation is Anathema to Rescission When Grounds for Rescission Exist
Posted on 8 Apr 2015 by Barry Zalma

When a person obtains a policy of insurance by means of a material misrepresentation an insurer has two options available to it when it learns of the misrepresentation: (1) It can rescind the policy from its inception and return all premium collected;... Read More

Directors and Officers Insurance – New Appleman on Insurance Law Library Edition, Chapter 26
Posted on 20 Oct 2010 by Dan A. Bailey and Timothy W. Burns

Dan A. Bailey and Timothy W. Burns This chapter begins by discussing the enormous success of directors and officers ("D&O") insurance in protecting the personal assets of directors and officers and particularly outside corporate directors... Read More

Florida Court Allows Rescission of a Professional Liability Policy
Posted on 9 Jan 2014 by Brian Margolies

In its recent decision in Zurich American Ins. Co. v. Diamond Title of Sarasota, Inc ., 2013 U.S. Dist. LEXIS 170981 (M.D. Fla. Dec. 4, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Middle District... Read More

Revisiting the Three Rs: Risks, Rewards, and Rescission
Posted on 22 Jun 2011 by Mary McCutcheon and Amanda Hairston

By Mary McCutcheon and Amanda Hairston, Attorneys, Farella Braun + Martel LLP In their article appearing in the May/June 2011 issue of Coverage , "Revisiting the Three Rs: Risks, Rewards, and Rescission," Mary McCutcheon and Amanda Hairston... Read More

Avoiding Arguments Regarding Waiver of the Right to Rescind: An Examination of California Law
Posted on 31 Aug 2015 by Troutman Sanders

Although rescission issues most frequently arise in connection with health and life insurance policies, they can appear in virtually any context. See, e.g. , Unionamerica Ins. Co. v. Fort Miller Group, Inc. (N.D. Cal. 2008) 590 F. Supp. 2d 1254 (commercial... Read More

Goldgerg Segalla’s Reinsurance Review – January, 2011
Posted on 22 Jan 2011 by Gerber, Segalla, Kingsley, Omilian

IN THIS MONTH'S EDITION: Court Concludes that Arbitration Clause is Broad Enough to Cover Dispute District Court Concludes that Insurer Has Right To Intervene In Suit by Policyholder To Obtain Proceeds Of Judgment From Reinsurer District... Read More

Insurance 101-Insights for Young Lawyers: When, What and Why?: Notifying Insurer of a "Claim" or a Potential Claim under an EPLI Policy
Posted on 4 Jul 2011 by Erica Dominitz and Amy Woodworth

By Erica Dominitz and Amy Woodworth, Attorneys at Law In their article appearing in the May/June 2011 issue of Coverage , "When, What and Why: Notifying Insurer of a 'Claim' or a Potential Claim under an EPLI Policy," Erica J. Dominitz... Read More

California Court Denies Rescission of Insurance Policy
Posted on 4 May 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Thompson v. Navigators Ins. Co ., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California... Read More

Revisiting the Three Rs: Risks, Rewards, and Rescission
Posted on 22 Jun 2011 by Mary McCutcheon and Amanda Hairston

By Mary McCutcheon and Amanda Hairston, Attorneys, Farella Braun + Martel LLP In their article appearing in the May/June 2011 issue of Coverage , "Revisiting the Three Rs: Risks, Rewards, and Rescission," Mary McCutcheon and Amanda Hairston... Read More

Insurance 101-Insights for Young Lawyers: When, What and Why?: Notifying Insurer of a "Claim" or a Potential Claim under an EPLI Policy
Posted on 4 Jul 2011 by Erica Dominitz and Amy Woodworth

By Erica Dominitz and Amy Woodworth, Attorneys at Law In their article appearing in the May/June 2011 issue of Coverage , "When, What and Why: Notifying Insurer of a 'Claim' or a Potential Claim under an EPLI Policy," Erica J.... Read More

PHL Variable Insurance Company v. Morello – STOLI Policy Rescinded
Posted on 26 Oct 2010 by Stephan Leimberg and Howard Zaritsky

By Stephan Leimberg and Howard Zaritsky "where the insurer is induced to enter into a contract for insurance by the actual fraud of the insured, the insurer is not required to return the premiums paid." The reasoning is that "a contrary... Read More

Directors and Officers Insurance – New Appleman on Insurance Law Library Edition, Chapter 26
Posted on 20 Oct 2010 by Dan A. Bailey and Timothy W. Burns

Dan A. Bailey and Timothy W. Burns This chapter begins by discussing the enormous success of directors and officers ("D&O") insurance in protecting the personal assets of directors and officers and particularly outside corporate directors... Read More

California Court Denies Rescission of Insurance Policy
Posted on 4 May 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Thompson v. Navigators Ins. Co ., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of... Read More