Kristen Lee Price and Lawrence S. Zucker II | Haight Brown & Bonesteel LLP | February 3, 2017 In Hensley v. San Diego Gas & Elec. Co., (No. D070259, filed 1/31/17), the California Court of Appeal for the Fourth Appellate District held that emotional distress damages are available on claims for trespass and nuisance as part… Continue reading Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires
Category: Insurance Coverage
Oregon Court of Appeals Rejects Insurer’s Attempt to Cast its Own Insured as Just Another Insurer
Dwain Clifford | The Policyholder Report | March 1, 2017 You’re sued. You tender the defense of the lawsuit to your insurer, but it refuses to defend you. You settle the case and then file a lawsuit against your insurer for what it should have paid to defend you while sitting out of the fight.… Continue reading Oregon Court of Appeals Rejects Insurer’s Attempt to Cast its Own Insured as Just Another Insurer
Could You Be More Specific . . . About My Excess AI Coverage?
Yas Omidi | California Construction Law Blog | February 21, 2017 Are you a general contractor who is pretty sure that you have additional insured coverage for some stuff under your sub-subcontractor’s excess policy? Advent, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, Case No. H041934 (December 6, 2016) warns you to be… Continue reading Could You Be More Specific . . . About My Excess AI Coverage?
Does a Partial Denial and Jury Demand Prohibit the Insurer From Proceeding with Appraisal?
Christina Phillips | Property Insurance Coverage Law Blog | February 25, 2017 It happens frequently: The insurance company admits the policy covered part of the loss but refuses payment at the time because the amount of the loss falls below the deductible. The insurer then admits the insured also suffered other damages to the property,… Continue reading Does a Partial Denial and Jury Demand Prohibit the Insurer From Proceeding with Appraisal?
Agree to Use your “Professional Best” ? You may lose Insurance Coverage! (Law Note)
Melissa Dewey Brumback | Construction Law in North Carolina | February 24, 2017 Yesterday, I was part of a panel at the NC Bar Association Construction Law Winter Meeting, discussing insurance issues for design professionals. One topic we touched on was how to avoid invalidating your insurance. As most of you know, Errors & Omissions… Continue reading Agree to Use your “Professional Best” ? You may lose Insurance Coverage! (Law Note)