LexisNexis® Legal Newsroom
"Collapse" Coverage Ensues from Excluded Perils

By Matthew J. Sekits and P. Jason Skuda, Attorneys, Bullivant Houser Bailey PC In Sprague v. Safeco , an intermediate Washington appellate court recently determined that coverage under all-risk homeowners' policies applied to a "state of collapse" in the insureds' residence based...

California Supreme Court Steps Away from Foster-Gardner Doctrine

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC In a retreat from its 1998 decision in Foster-Gardner, Inc. v. National Union Fire Ins. Co. , 18 Cal.4th 857, [ enhanced version available to lexis.com subscribers ], the California Supreme Court has held that an administrative adjudicative...

Fire Insurance Policy Language Intended to Eliminate Innocent Coinsured Recovery is Unenforceable in California

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC California Supreme Court concludes "any insured" language in intentional conduct exclusion is contrary to statutory fire policy. Last week, California joined a number of other states, including Arizona, Idaho and New York,...

In Nevada, Liability Insurer Cannot Exhaust Policy Before Judgment by Interpleading Funds

By Andrew B. Downs , Partner, Bullivant Houser Bailey PC Last week, the Nevada Supreme Court joined California and some other states in holding that a liability insurer may not interplead its policy limits before a final judgment is entered against the policyholder for the purpose of exhausting its...

California Appellate Court Addresses Professional Liability Coverage Issues

Court Discusses Meaning of "Claim," Scope of Dishonest Acts Exclusion and Defense Duties Most professional liability policies contain an exclusion for dishonest acts. Many also include provisions giving the insurer a right, but not a duty, to defend against covered claims. A recent decision...