The highest New York state court has ruled that disputes over workers’ compensation insurance payment agreements between National Union and three California-based employer insureds must be decided by arbitration under arbitration clauses of those agreements and the Federal Arbitration Act …
A California intermediate appellate court has reaffirmed that a client’s professional negligence claim against his or her property/casualty insurance broker is freely assignable. It held, also, that the assigned rights are enforceable in court by the assignee without proof that …
An insurer is ordinarily free to restrict the risks it will underwrite and is responsible only for losses within the coverage wording of its policies of insurance. (Fresno Economy Import Used Cars, Inc. v. United States Fid. & Guar. Co. …
Travelers insured Warehouse Wine & Spirits, Inc. against risks of direct physical loss, including theft, with certain exceptions. One James Ceseretti stole more than $1 million worth of wine and liquor while he ran a warehouse for Warehouse Wines, where …
Based on standard homeowner policy water damage exclusions, the United States District Court in Utah found no coverage for extensive damage from water escaping over several months from a sink located in the lower level of a seasonal cabin in …
In an exhaustive and scholarly opinion filed August 20, 2015, authored by Chief Justice Tani Cantil-Sakauye, the California Supreme Court reversed itself and overruled its own 12-year-old decision because it did not consider the effect of a state statute dating …
The United States Court of Appeals for the Fifth Circuit, applying Virginia law, decided that a hunt club’s additional insured endorsement for club members provided no coverage to club member Timothy Johnson, who shot at a deer from club-leased property …
On July 6, 2015 the U.S. District Court for the Central District of California, based on California law, applied in the EPLI (employment practices liability insurance) setting the large body of statutory and case law holding that an insurer may …
The Ninth Circuit U.S. Court of Appeals, applying Oregon law, held on June 25, 2015 that a commercial general liability policy purchased three months after the subcontractor-insured inspected property damage to his own work still provided coverage for property damage …
The California Insurance Code provides a mandatory method of resolving property insurance claim disputes by informal appraisal proceedings before two appraisers and an umpire. The appraisers are charged with the obligation of appraising the loss and stating separately actual cash …