To combat a perceived litigation tactic by plaintiffs counsel of using settlement demands within policy limits to set up insurers for bad faith, insurance company associations lobbied for statutory clarification to avoid...more
A recent California appellate court decision found that a wage and hour exclusion in an Employment Practices Liability Insurance (“EPLI”) policy did not bar coverage for claims under California Labor Code sections 2800 and...more
10/8/2019
/ Appeals ,
Bad Faith ,
Breach of Contract ,
Business Expenses ,
Employer Liability Issues ,
Employment Practices Liability Insurance (EPLI) ,
Labor Code ,
Policies and Procedures ,
Policy Exclusions ,
Private Attorneys General Act (PAGA) ,
Statutory Violations ,
Wage and Hour
Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App....more
4/26/2019
/ Appeals ,
Calculation of Damages ,
Commercial General Liability Policies ,
Commercial Property Owners ,
Conditional Use Permit ,
Default Judgment ,
Diminution in Value ,
Economic Damages ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss of Use ,
Negligence ,
Nightclubs ,
Property Damage ,
Reversal ,
Revocation ,
Security Guards ,
Shootings ,
Tangible Property
A 6th Circuit case decided earlier this year demonstrates how positions taken by insureds in prior litigation can impact or foreclose coverage in subsequent disputes with insurers. See K.V.G. Properties, Inc. v. Westfield...more
12/14/2018
/ Appeals ,
DEA ,
Denial of Insurance Coverage ,
Eviction ,
Insurance Claims ,
Landlords ,
Marijuana Cultivation ,
Policy Exclusions ,
Property Damage ,
Reaffirmation ,
Search Warrant ,
Subsequent Litigation ,
Summary Judgment ,
Tenants ,
Third-Party Criminal Acts