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Structure of the California FAIR Plan and the financial challenges

The California FAIR Plan (the FAIR Plan) was created to provide insurance for high-risk properties that are difficult to insure through private carriers. It is a private association made up of property and casualty insurers,...more

[Webinar] Los Angeles wildfires: California fair claims handling - January 22nd, 11:00 am - 12:00 pm EST

Join Kennedys Partners Erik Kowalewsky, Chad Pasternack and Shain Wasser for an insightful webinar on California’s fair claims settlement practices regulations, satisfying this year’s mandatory training requirement. Moderated...more

Just add water—why relating back does not put the insurer on notice of bad faith

In D&B Marine, LLC v AIG Prop. Cas. Co. [March 21, 2023] the North Carolina Court of Appeals held that the owner of what the court deemed “the Unluckiest Yacht” could not relate back claims for bad faith to its original...more

Ninth Circuit rules that California Insurance Code § 533 bars coverage for a settled malicious prosecution lawsuit

In an interesting new decision, the Ninth Circuit in Aspen Specialty Ins. Co. v. Miller Barondess, LLP (“Miller Barondess”) held that Section 533 of the California Insurance Code—which states that “[a]n insurer is not liable...more

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