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Adobe PDFInsurer that Did Not Accept Defense and Retain Counsel By Date Response to Complaint Against Insured was Due Lost Control of the Defense
Mark E. Hellenkamp; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A federal district court held that an insurer that did not pick up the insured’s defense by the time the response to the complaint was due lost the right to control the defense, even though it reimbursed the insured the costs of defense the insured had incurred.

 

Adobe PDFCost of Recovering Sunk Oil Barrels Not Covered Under Pollution Endorsement Where Barrels did not Leak Oil into Ocean
Robin Singer; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
The Ninth Circuit held that a pollution endorsement in an ocean marine liability policy that covered the “discharge, dispersal, release, or escape” of pollutants did not include the insured's clean-up costs where no contaminants had leaked into the environment.

 

Adobe PDFEquitable Contribution Required All Primary Insurers to Contribute on a Pro-Rata Basis Regardless of the Type of “Other Insurance” Clause in Their Policies
David M. Plouff; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A California court of appeal held that, in an equitable contribution action between insurers, the non-defending insurer’s “other insurance” provision was an unenforceable “escape clause” and that both primary insurers that had a duty to defend must contribute on a...

 

Adobe PDFEfficient Proximate Cause Doctrine Applies to Additional Coverage for Collapse
Robin Singer; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A California court of appeal held that the Efficient Proximate Cause Doctrine applied to the additional coverage of collapse and that the insurer could not “draft around” it. In addition, the court found that the burden was on the insurer to show the loss was not covered despite the...

 

Adobe PDFCumis Officially Comes to Nevada
Robin Singer; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
The Nevada Supreme Court followed San Diego Navy Federal Credit Union v. Cumis Insurance Society, Inc., 162 Cal. App. 3d 358 (1984) and held that the duty to defend requires the insurer to provide independent counsel when a conflict of interest arises between the insurer and the insured. It also...

 

Adobe PDFInsurer had Duty to Defend Even Though Underlying Complaint Disclaimed that the Plaintiffs Were Seeking Damages for Physical Injury
Robin Singer; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A California federal district court held that an insurer had a duty to defend a class action lawsuit against its insured which alleged facts that supported a potential claim for bodily injury and property damage even though the complaint explicitly disclaimed seeking recovery for any such damages.

 

Adobe PDFDefending Insurer is not Bound by Insured’s Stipulated Excess Judgment Made Without the Insurer’s Participation or Commitment to Pay the Insured’s Part of the Judgment
David M. Plouff; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A California court of appeal held that an insurer that defended its insured in a personal injury action under one policy but refused to defend under two others was not liable for an excess stipulated judgment that the insured had assigned to the plaintiff.

 

Adobe PDFAnti-Assignment Clause Invalid After A Covered Loss Occurs
John S. Na; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
The California Supreme Court reversed its holding in a prior landmark decision and held that an insured can assign its liability policy to another entity without first obtaining consent, but only after the covered loss has already occurred.

 

Adobe PDFEarth Movement Exclusion Bars Coverage; Insurer Entitled to Reimbursement for Defense Under Reservation of Rights
Kevin M. Pollack; Morris Polich & Purdy LLP;
Legal Alert/Article
February 23, 2016, previously published on February 8, 2016
A Nevada federal district court held that an earth movement exclusion in a general liability policy precluded coverage for any and all loss resulting, even in part, from earth movement, and entitled the insurer to obtain reimbursement after defending under reservation of rights.

 

HTMLMS Legislature Considering Labor Rate Restrictions
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 23, 2016, previously published on February 22, 2016
The Mississippi State Senate is considering a bill that would prohibit auto repair shops from charging labor rates above the average national rates charged for like-kind work without the express approval of the Commissioner of Insurance. The bill, SB 2187, was introduced by Senator Videt Carmichael...

 


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