Court of Appeal Puts the “Equity” in Equitable Subrogation
Subrogation as a concept is well understood in insurance circles. According to the Institute of Risk Management Institute’s glossary of insurance terms subrogation is “the assignment…
Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes
Sometimes it’s right there before your eyes. Then, poof, it’s gone. This was the experience of one insured, who brought a bad faith insurance denial claim…
Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
When things go wrong on a construction project it’s often a scramble of finger pointing. In McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company,…
Subrogation, Insurance Code Section 11580, and the Craziness We Call Insurance Law
If you want to geek out on insurance law the next case is for you. The Insurance Company of the State of Pennsylvania v. American Safety…
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,…
