Archive for the ‘Insurance Litigation’ Category

Provision Excluding Insurance Coverage For Wrongful Acts of a Coinsured Limited By California Supreme Court

California Insurance Code section 533 provides that an insurer is not liable for a loss caused by the willful act of an insured.  This is consistent with California’s public policy of denying coverage for intentional acts of wrongdoing.  However, when there is more than one insured, this policy can lead to inequitable results.  Case in […]

Provision Excluding Insurance Coverage For Wrongful Acts of a Coinsured Limited By California Supreme Court

California Insurance Code section 533 provides that an insurer is not liable for a loss caused by the willful act of an insured. This is consistent with California’s public policy of denying coverage for intentional acts of wrongdoing. However, when there is more than one insured, this policy can lead to inequitable results. Case in point is the situation presented in Century National Insurance Company v. Garcia, 2011 Cal. LEXIS 1392 (decided February 17, 2011).

In ERISA Cases, The Standard Of Review Really Does Matter

Litigation pursuant to the Employee Retirement Income Security Act (“ERISA”) is rather unique.  Unlike most cases, ERISA disputes are based on a limited scope of permissible evidence.  The range of that scope is ultimately dependent on which standard of review is employed by the courts.  Typically, when the standard of review is abuse of discretion, […]

Daily Journal Article – In ERISA Cases, The Standard of Review Really Does Matter

The Daily Journal recently published an article authored by M. Scott Koller entitled, “In ERISA Cases, The Standard of Review Really Does Matter.” Originally Published by The Daily Journal on December 2, 2010.

California Supreme Court Extends CGL Insurer’s Duty to Defend “Suits” To An Administrative Proceeding

In a closely watched case the California Supreme Court recently expanded the scope of a comprehensive general liability insurer’s (CGL) duty to defend “suits” to an adjudicative proceeding before the former United States Department of Interior Board of Contract Appeals (now the Civilian Board of Contract Appeals).  Ameron International Corp. v. Insurance Company of Pennsylvania, et […]

CA Insurance Brokers No Longer Required To Send Opt-Out Notices Prior To Policy Shopping At Renewal

Insurance broker-agents in California no longer are required to send customers annual privacy notice forms permitting them to opt-out of information sharing.  Insurance broker-agents thus may now use customers’ nonpublic personal information to shop around for better policies at renewal. On November 4, 2010, California’s Office of Administrative Law repealed California Code of Regulations(C.C.R.) § 2689.8(c)(3), […]

Under ERISA , Procedural Deficiencies Not Considered When the Standard of Review is De Novo

Litigation pursuant to the Employee Retirement Income Security Act (“ERISA”) is rather unique.  Unlike most cases, ERISA disputes are based on a limited scope of permissible evidence.  The range of that scope is ultimately dependent on which standard of review is employed by the courts.  Typically, when the standard of review is abuse of discretion, […]

Court of Appeal Holds that Insurance Companies Are Not Required to Disclose the Lowest Premium They Would Accept But Reaffirms Insurers’ Duty to Disclose Material Facts as to Coverage

Understanding modern day insurance contracts is no easy task, even for experienced attorneys.  The wording is dense and the language is often archaic and hard to comprehend.  As a result, consumers often rely on their insurance company to help them navigate the multitude of different policy types, structures, pricing and provisions.  Recently, the California Court […]

Ninth Circuit Issues Strong Decision Emphasizing Insurer’s Obligations Regarding the Duty to Defend Insureds in Slogan Infringement Action

In an important decision favoring policyholders, the Ninth Circuit recently discussed the breadth of an insurer’s duty to defend its insured under California law, even where no potentially covered causes of action are alleged in the underlying complaint. The Ninth Circuit just issued this decision in Hudson Insurance v Colony Insurance, addressing coverage in trademark (and […]

California Approves Insurance Reg Amendments

The California Office of Administrative Law has approved Department of Insurance plans to repeal portions of its privacy regulations, Insurance Journal reports. Effective immediately, agents and brokers will no longer be required to mail privacy policies to customers annually nor must they provide customers with an opt-out form to prevent broker-agents from shopping on renewal, the […]

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