9th Circuit Court of Appeals News

Nevada Supreme Court Rules Insured Must Prove Coverage Owed in Construction Defect Litigation

At least 14 construction defect lawsuits have been filed against developers and subcontractors that built thousands of Nevada homes. Two insurers issued commercial liability policies to cover such claims, but they didn’t agree on whether a prior-damage clause in one …

9th Circuit Rejects COVID Business Interruption Suit; Doesn’t Address Physical Presence Question

The 9th Circuit Court of Appeals ruled Friday that government orders that forced a business to shut its doors because of the COVID-19 pandemic did not cause a direct physical loss that was covered by its insurance policy. The decision …

Judge Upholds Dismissal of Case Against Resort Developer

HELENA, Mont. (AP) — A U.S. bankruptcy judge has upheld court decisions that the state of Montana lacked legal standing to file an involuntary bankruptcy petition nearly a decade ago against Yellowstone Club co-founder Tim Blixseth. Judge Mike N. Nakagawa …

Nevada Supreme: Insurer Entitled to Reimbursement for Defense Costs if No Coverage Owed

An insurer that paid to defend a policyholder against a lawsuit, but determined later that no coverage was owed, is entitled to reimbursement for its costs, a divided Nevada Supreme Court said. In a 4-3 decision on Thursday, the high …

9th Circuit Questions Ruling that Filed Rate Doctrine Bars Kickback Claims

Nearly a decade after regulators first heard allegations that carriers were paying kickbacks to mortgage servicers who purchased lender-placed insurance policies, a federal appellate court is asking the Washington Supreme Court to help resolve one of the last remaining lawsuits …

9th Circuit Rules Pain May Qualify Longshoreman for Total Disability Benefits

A longshoreman who suffers severe pain may qualify for benefits under the Longshore and Harbor Workers’ Compensation Act even if he is physically able to perform his job duties, a federal appellate court ruled. A panel of the 9th Circuit …

Lloyd’s Must Defend Merchant From Privacy Law Suit

Lloyd’s of London must defend a merchant against a lawsuit that accused it of violating a California privacy law by selling information about its customers, a federal appellate court ruled, reversing a lower court. The 9th Circuit Court of Appeals …

9th Circuit Affirms Jury’s $54M Award in Suit Against Walmart

A federal appellate court on Monday upheld a district court judgment that requires Walmart to pay $54.6 million in damages plus interest for failing to adequately pay long-haul truck drivers for time spent during layovers, rest breaks and during inspections …

9th Circuit Finds Carrier Not Liable to Defend in Sexual Abuse Case

A federal appellate court reversed a ruling that would have forced a homeowner’s insurer to pay up to $300,000 in damages to a woman who had been sexually abused by its policyholder, despite exclusions in the policy for intentional acts. …