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Troutman Sanders
California Supreme Court Holds That California Insurance Code Section 520 Prohibits a Carrier From Denying Coverage Based on “Consent-to-Assignment” Clauses in its Policy if the Loss Happened Prior to the Assignment

In Fluor v. Superior Court , the California Supreme Court overruled its prior decision in Henkel Corp. v. Hartford Accident & Indemnity Co. , 29 Cal. 4th 934 (2003), and held that an insurance company may not utilize a “consent-to-assignment”...

Randy J. Maniloff
Uncomfortable Thanksgiving Tables: Insurance Coverage And Relatives Who Hate Each Other

The reason why the first Thanksgiving was so successful was because the people sitting around the table didn’t know each other well enough to dislike one another. At lots of tables in America on Thursday that won’t be the case. There will...

Steptoe & Johnson PLLC
West Virginia Supreme Court Clarifies Application of Landlords’ Homeowner’s Insurance Policy to Tenant’s Insurable Interest

The West Virginia Supreme Court of Appeals (“WVSCA”) recently rejected a circuit court decision finding that a tenant is an “equitable insured” under his landlords’ homeowner’s policy, which had precluded the landlords’...

Troutman Sanders
Professional Services Exclusion in a D&O Policy Barred Coverage for Underlying Claims for Failure to Render Payroll Services

In Begun v. Scottsdale Ins. Co. , the Ninth Circuit affirmed the district court’s determination that a professional service exclusion in a D&O policy precluded coverage for former directors of a payroll services company that allegedly stole...

Randy J. Maniloff
No Coverage Owed to Landlord for Tenant’s Marijuana Growing Operation

Tapas: Small Dishes of Insurance Coverage News & Notes A New York Federal Court held in United Specialty Insurance Co. v. Barry Inn Realty, Inc., No. 14-4892 (S.D.N.Y. Sept. 8, 2015), [subscribers can access an enhanced version of this opinion...

Troutman Sanders
California Courts Maintain Position that EPL Policies Afford No Indemnity Coverage for Wage and Hour Claims

While some EPL policies explicitly provide defense coverage for wage and hour suits subject to a sublimit, virtually all EPL policies exclude indemnity coverage for wage and hour claims. Nonetheless, given the substantial rise in wage and hour class actions...