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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,...

Nevada Supreme Court Finds An Earth Movement Exclusion Ambiguous, by Bullivant Houser Bailey PC

By Andrew B. Downs and Kristol Bradley Ginapp, Attorneys, Bullivant Houser Bailey PC The Nevada Supreme Court recently held that a property insurance policy's earth movement exclusion was ambiguous because, unlike some other earth movement exclusions, it did not state clearly whether it applied...

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...

Nevada Supreme Court Rejects Use of Constructive Notice for Claims Made and Reported Policy

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC Court enforces plain language of Professional Liability Policy issued to Dentist In a well-reasoned and lucid opinion, the Nevada Supreme Court held a professional liability insurer's knowledge that its policyholder dentist had become...