Insurance Case Law Roundup (6/27/08)
Friday, June 27, 2008 at 03:42PM The following is a list of recent insurance-related opinions issued in California.
Failure to Obtain Insurance and Policy Exclusion: Roberts v. Assurance Company of America, __ Cal. App. 4th __ (4th App. Dist., June 16 2008) (affirming summary judgment in favor of insurance brokers (holding that there was no triable issue of fact that policyholder did not ask brokers to obtain liability insurance) and insurer (holding that loss caused by landslide was not covered pursuant to various policy exclusions including one for earth movement)). (Opinion here.)
Meaning of "Claim" under D&O Policy: Westrec Marina Management, Inc., ___ Cal. App. 4th ___ (2nd Cal. App. Dist. June 16, 2008) (holding that a letter from a third party claimant's attorney, which preceded the actual filing of the third-party lawsuit, constitued a "claim" within the meaning of D&O policies that was required to be reported within time frame set by the policies). (Opinion here.)
Attorney Fee Dispute: Long v. Century Indemnity Co., ___ Cal. App. 4th ___ (2nd Cal. App. Dist. June 17, 2008) (holding that a fee dispute between the insured's counsel and the insurer is subject to mandatory arbitration under Civil Code section 2860(c) (which applies where an insurer, due to a conflict of interest, has a duty to provide Cumis counsel to represent the insured), even though the insurer elects not have counsel represent its own interest). (Opinion here.)
Adequacy of 998 Settlement Offers: Po-Jen Interinsurance Exchange of the Automobile Club, __ Cal. App. 4th __ (2nd Cal. App. Dist., June 19, 2008) (holding that statutory 998 settlement offer (which permits a defendant to recoup post-offer costs if the plaintiff fails to win a more favorable judgment) was ineffective to provide defendant with cost-shifting benefits since offer was ambiguous and potentailly called for setltment of claims beyond the subject litigation). (Opinion here.)
Meaning of "Accident" Under HO Policy: State Farm Fire and Casualty Co. v. Sup. Ct., __ Cal. App. 4th (2nd Cal. App. Dist., June 26, 2008) (holding that throwing person into pool to get other person wet, but person mistakenly causes injury to that person is covered "accident" of insurer's HO policy). (Opinion here.)
[Please note that this post does not constitute legal advice and provides only a snapshot view of the cited opinion. The import and applicability of a cited opinion depends upon the specific facts presented.]