Archives: Insurance Recovery

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A Further Extension Of Coverage For Intentional Acts

Following the June 4, 2018 landmark decision by the California Supreme Court in Liberty Surplus Insurance Corporation v. Ledesma & Meyer Construction Company, 5 Cal. 5th 216 (2018), the insurance industry is not taking the decision to heart—but rather continuing to wage war on their insureds to avoid paying claims for unintended injuries, when caused … Continue Reading

The Duty to Defend in California

All primary liability insurance policies require the insurer to defend against claims where potential liability under the policy exists.  California has long been a leader in requiring a broad interpretation of potential liability, appropriately so because liability insurance has been a mainstay of our industrialized society, where accidents are common and the costs of defense … Continue Reading

Two Court Rulings Show Coverage Difficulties for “Fake President” Fraud

A few weeks back, the Insurance Recovery report posted a blog about the difficulty obtaining insurance coverage for “fake president” fraud, which is also known as business e-mail compromise, or social engineering fraud.   Two courts have recently reached opposite holdings on this exact topic, which highlight the difficulty policyholders face when they have been victimized by … Continue Reading

California Supreme Court Endorses the Insurance Commissioner’s Authority to Regulate Wayward Insurers

On Monday, the California Supreme Court revived a 2011 insurance regulation designed to protect homeowners from underinsurance because of the insurance company’s use of potentially misleading estimates for home replacement costs.  This was a big win for consumers, and will be particularly important for those who lose their homes in natural disasters (in particular fire) … Continue Reading

Bad Faith Actions for Excess Judgments….is There Trouble Brewing for Recalcitrant Primary Insurers

Can an excess carrier go ahead and fund an excess primary limits settlement and then assert a claim for bad faith against the primary insurer who previously refused to accept and fund a prior in-limits policy demand? On August 5, a Court of Appeal in Ace American Ins. Co. v. Fireman’s Fund Ins. Co., Case … Continue Reading
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