Insurance Law

Fire Insurance Claim Pointers

in Insurance Law by Stephen L. Raucher

In light of the terrible fires plaguing California, policyholders should keep in mind some basic principles should they find themselves needing to make a claim, or even if they just want to re-evaluate their property insurance policies. Many of these … more

“Professional Services” Exclusion in CGL Policy Given Broad Interpretation

in Insurance Law by Stephen L. Raucher

California’s First Appellate District recently squelched an excess liability carrier’s attempt to shift responsibility for settlements resulting from a pipeline explosion onto a co-defendant’s umbrella insurer, holding that the latter policy’s “professional services” exclusion barred coverage. Energy Insurance Mutual Limited … more

Ambiguous Questions in Insurance Application Prevent Rescission

in Insurance Law by Stephen L. Raucher

In a decision which softens the normally harsh rules confronting policyholders with respect to rescission of insurance policies, California’s First Appellate District recently reversed a summary judgment of rescission. Duarte v. Pacific Specialty Ins. Co., 13 Cal.App.5th 45 (2017). The … more

Notwithstanding a Willful Misconduct Exclusion, Policy Found to Cover Litigation Expenses on Appeal

in Insurance Law by Stephen L. Raucher

In a victory for policy holders, California’s Second Appellate District recently held that when an insurance policy expressly provides coverage for litigation expenses on appeal, an exclusion requiring repayment to the insurer upon a “final determination” of the insured’s culpability … more

California Supreme Court Reverses Itself, Allowing Post–Loss Assignment of Insurance Policies

in Insurance Law by Stephen L. Raucher

Approximately 12 years ago, the California Supreme Court permitted an insurer, after a loss has occurred, to refuse to honor an insured’s assignment of the policy coverage for such a loss. Henkel Corp. v. Hartford Accident & Indemnity Co., 29 … more

Employment Practice Exclusion Held to Bar Coverage for False Imprisonment Claim

in Insurance Law by Stephen L. Raucher

California courts have consistently ruled that an insurer’s duty to defend is extremely broad, triggering when facts stated or fairly inferable in a complaint suggest a claim even potentially covered by the policy. Even so, a California Court of Appeal … more