Cases decided after the California Supreme Court's decision in Henkel Corp. v. Hartford Accident and Indemn. Co., 62 P.3d 69 (Cal. 2001) seem to universally continue the trend that an assignment of comprehensive liability policies to a successor is invalid where there is a no assignment clause and the insurer's consent was not secured. I have found
Florida Governmental Insurer Cannot Be Sued In Alabama by Policy Holder
If a Hawai`i resident's second home in Florida suffered hurricane damage and coverage was denied by a Florida based insurer, could the insured sue the insurer in Hawai`i? In re: Garnett v. Citizens Prop. Ins. Corp., No. 1070663, 2009 Ala. LEXIS 30 (Ala. Jan. 30, 2009) suggests the answer is "no."
Ms. Garnett was an Alabama
No Cause of Action for Insurer’s Violation of Emergency Order
If an insurer violates a state's emergency order prohibiting cancellation of a policy for 90 days after repairing a dwelling from hurricane damage, does the insured have a private cause of action to enforce the order? In Sailboat Pointe Condo. Ass'n v. Aspen Specialty Ins. Co., No. 08-621129, 2009 U.S. Dist. LEXIS 6781 (S.
Ninth Circuit Finds No Coverage for Infringment Claim
The issue in United National Ins. Co. v. Spectrum Worldwide, Inc., No. 07-55833 (9th Cir. Feb. 2, 2009) [here] was whether the policy's "first publication" exclusion applied to an infringement claim.
In December 1997, Sunset hired Spectrum, the insured, to advertise and distribute the "Hollywood 48-Hour Miracle Diet" drink. Two Spectrum executives later
Tucson is Site for Upcoming ABA Insurance Coverage Litigation Committee Seminar
The ABA, Section of Litigation, Insurance Coverage Litigation Committee, will be conducting its annual insurance seminar in Tucson, Arizona on March 4-7, 2009. This very informative, cutting edge seminar covers a number of insurance related topics. The brochure and agenda are attached here. I will be participating on a panel entitled, "Transfer of Coverage Under the
Wisconsin Supreme Court Determines Each Exposure to Asbestos is an Occurrence
If the manufacturer sells its asbestos-containing product without a warning, does this constitute one occurrence? Or is each individual's exposure to asbestos, which results in injury, a single occurrence? These were among the issues before the Wisconsin Supreme Court when faced with certified questions from the Seventh Circuit. See Plastics Engineering Co. v. Liberty Mutual Ins. Co., No. 2008AP333-CQ (Wis. Jan. 29
Damages For Mental Anguish Awardable for Delay in Adjusting Katrina Claim
In a recent post, we discussed Dickerson v. Lexington Ins. Co., 2008 U.S. App. LEXIS 26504 (5th Cir. Dec. 22, 2008) where the Fifth Circuit determined damages for mental anguish were properly granted based on the insurer's bad faith delay in paying a claim after Hurricane Katrina. Dickerson controlled a subsequent decision by
Ninth Circuit Again Considers Impact of Notice on Cancellation of Policy
In a prior post, we discussed Cornhusker Cas. Ins. Co. v. Kachman, No. 06-35106 (9th Cir. Jan. 30, 2008). In the initial Cornhusker decision, the Ninth Circuit certified to the Washington Supreme Court the issue of whether a cancellation letter sent by certified mail but never received by the insured was effective under
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Burden of Proof Crucial in Determing Number of Occurrences
A case decided by the Illinois Supreme Court demonstrates how crucial the burden of proof is in determining coverage issues. The court determined two closely related deaths constituted two occurrences under the insured landowner's comprehensive liability policy. See Addison Ins. Co. v. Fay, No. 105752 (Ill. Sup. Ct. Jan. 23, 2009). Accordingly, the policy's aggregate limit was applicable.