Insurer Barred From Bringing Subrogation Action on Behalf of Suspended Insured
It’s commonly stated that when it comes to subrogation actions, where an insurer seeks reimbursements from responsible third parties for claims paid out by the insurer,…
Supreme Court Finds Insurance Coverage for Intentional (and Despicable) Act of Contractor’s Employee
Not to cast shade on your fun in the sun, but here’s an unusual, albeit sad and creepy, one for you. I’m bummed even writing about…
California Court Broadly Interprets Insurance Policy’s “Liability Arising Out of” Language
In McMillin Mgmt. Servs. v. Financial Pacific Ins. Co., Cal.Ct.App. (4th Dist.), Docket No. D069814 (filed 11/14/17), the California Court of Appeal held that the term…
Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues
I read once that 97 percent of cases never go to trial. However, there are still the ones that do. And, then, there are the ones that…
California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operations
In a victory for additional insureds, a California appeals court held, in Pulte Home Corp. v. American Safety Indemnity Co., Cal.Ct.App. (4th Dist.), Docket No.…
What You Need to Know About Additional Insured Endorsements
A well-drafted insurance clause is an integral part of a construction contract because it sets forth a subcontractor’s obligations to add the general contractor to its…
The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy
As an undergrad, I remember taking an introductory philosophy class. When we came to the chapter on metaphysics our professor asked what makes an apple an…
Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference
I’ve yet to find reading through an insurance policy on anyone’s “bucket list.” But read them you should. Or have your attorney read through them (wink,…
Could You Be More Specific . . . About My Excess AI Coverage?
Are you a general contractor who is pretty sure that you have additional insured coverage for some stuff under your sub-subcontractor’s excess policy? Advent, Inc. v.…
Insurer’s Attempt to Shift Cost of Defense to Another Insurer Found Void as to Public Policy
While construction can sometimes be risky, construction litigation is almost always expensive. This volatile mix of risk and expense has made risk shifting, through indemnity and…
No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down
“No Escape” is a 2015 action movie starring Pierce Brosnan and Owen Wilson (that’s right, Owen Wilson) and which the folks at rogerebert.com described as “a…
Time is Money. Unless You’re an Insurance Company
Benjamin Franklin may never have been President but he’s better known than most of them. Not least of all for his pithy quotes on a wide range of…
