Excess or umbrella insurance is an essential risk mitigation component for any successful business. Whether the nature of your business’s operations, the potential for catastrophic loss or the threat of frequent litigation, excess or umbrella insurance can provide a...
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False claims filed in Florida building collapse case
In 2021, the Champlain Towers South, a 12-story condo building, collapsed, resulting in nearly 100 deaths. The tragedy took a tremendous toll on many families in the region and resulted in an extensive investigation to determine the reasons for the collapse. As the...
Excess Insurance Under CGL Policy: How California Courts Have Handled Horizontal Vs Vertical Exhaustion
Over the lifespan of a business, it is not uncommon for the business to have insurance policies with multiple different companies. The needs of a company change over time, and certain insurers may offer products that better align with those needs. Often, companies...
Insurance Coverage at Issue After Verdict in Depp-Heard Defamation Case
By now, you may think that you know all there is to know about the Johnny Depp-Amber Heard defamation lawsuit. The case, which resulted in a verdict for Johnny Depp against ex-wife Amber Heard, is still ongoing after the actress appealed the decision against her. But...
When does an insurer have a duty to appoint independent counsel?
This was one issue decided in a recent ruling issued by the Central District of California. In this particular case, L.A. Terminals v. United National Insurance Company, there were a complex set of claims and cross-claims in both state and federal court. But the facts...
Does the failure to accept a settlement offer mean an insurer acted in bad faith?
In 2021, a California appellate court held that an insurer’s duty to settle was subject to a reasonableness standard. In other words, when an insurer refuses to accept a settlement demand, that decision will constitute a breach of its duty to settle if it was an...
HOA Case Examines Insurer’s Duty to Defend
Last year, a case in California discussed when an insurance company has an obligation to defend HOA board members and, more specifically, HOA Board members appointed by the project developer. It is quite common for developers, when building projects involving the...
Timing of damage always a critical issue in CGL policy cases
A recent California case examined an issue that is extremely important for many business owners in the area. The basic question presented concerned a Commercial General Liability policy and whether the failure of a retaining wall in 2010 might be covered under a...
Truck v. Kaiser Part Two: A closer look at stacking coverages
In part 2, we look at how the Kaiser court recognized a limitation on an insurer’s ability, after being targeted by the insured to defend and indemnify a case against the insured, to reallocate a portion of the insurer’s defense and indemnity expenses to other...
Truck v. Kaiser part one: The facts of the case
We have a two-part blog here for you regarding a case that’s been winding through the California courts for a long time, Truck Insurance Exchange v. Kaiser Cement. In part one, which follows below, we lay out the relevant facts of the case, discussing what has...