Kacha v. Allstate Ins. Co., 140 Cal. App. 4th 1023 (2006), demonstrates that insurers must be careful when seeking to expand the scope of appraisal beyond the mere valuation of the items claimed. Heat and smoke from a wildfire damaged…
While some courts do not require a causal connection between the circumstances giving rise to a coverage exclusion and the resulting loss in order to apply the exclusion, others hold that it is against public policy to enforce an exclusion…
Pacific Maritime Magazine "Many would sooner walk the plank than engage in the risky business of interpreting maritime insurance policies." Continental Oil Co. v. Bonanza Corp., 677 F.2nd 455 (5thCir. 1982). Unlike property and auto insurers, marine insurers are not…
HAGUE PROTOCOL OF 1955, NOT ORIGINAL WARSAW CONVENTION GOVERNS AIR SHIPMENT BETWEEN HONG KONG AND CALIFORNIA Continental Insurance Company v. Federal Express Corp. 454 F.3d 951 (9th Cir. 2006) FedEx and Comet Electronics entered into a contract of carriage, under…
Companies sponsoring group health plans are facing ever-increasing costs due to spiraling health care expenses. Popular cost-containment strategies include wellness plans, disease management and consumer directed plans. One little used strategy is to recover dollars which are owed to the…
Oregon statute provides that a property and casualty policy should be formally issued to the insured within 90 days of the coverage being bound. (ORS 742.043) In the period after the coverage is bound, but before the policy is actually…
A California Court of Appeal has held that negligence is not a viable cause of action against an insurer where, despite an inadequate investigation, the insurer was correct in denying coverage. Benavides v. State Farm General Insurance Company, 39 Cal.…
Ownership of real property, alone, will not prevent someone else from obtaining a right or interest in your property. A person can obtain a right or interest in your property, known as an easement, simply by using your property in…
Historically, it has been common for general contractors to require as one of the conditions on a subcontract that the subcontractor agree to indemnify the general for any damages that may arise out of the subcontractor's work. Moreover, the standard…
Motions to exclude expert witnesses—commonly known in federal court as Daubert motions—are most often thought of in connection with products liability and other personal injury cases. However, in business interruption coverage litigation, policyholders frequently retain purported economic experts to support…