Entitlement to Equitable Subrogation Does Not Transform Legal Claims Against Third Parties into Equitable Claims
in Insurance Law by Stephen Raucher
In Michael Berg et al., v. Pulte Home Corp. (“Berg”), the Third District Court of Appeal analyzed the question of whether an entitlement to equitable subrogation, as opposed to the underlying action itself, determines the right to a jury trial. … more
Good News and Bad News for Insurance Company Attorneys
in Insurance Law by Stephen Raucher The recent appellate case Strawn v. Morris, Polich & Purdy LLP, 30 Cal. App. 5th 1087 (2019), examined an insurance company attorney’s potential liability in the context of the litigation privilege and elder abuse claims, resulting in a mixed ruling. … more
Fire Insurance Claim Pointers
in Insurance Law by Stephen 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 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 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 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 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 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