Ever since the California Supreme Court rejected a “manifestation of damage” trigger for insurance coverage and replaced it with a “continuous trigger of damage” in Montrose Chem. Corp. of California v. Admiral Ins. Co., 10 Cal.4th 645, 655 (1995), insurers have attempted to endorse and amend their policies to avoid the holding in Montrose.
Continue ReadingFederal District Court In California Enforces “Continuous And Progressive” Exclusion Based On Allegations That Damage Occurred From Date Of Construction
In re TFT–LCD (Flat Panel) Antitrust Litigation, 2016 WL 4547357 (9th Cir. Sept. 1, 2016): California’s Mediation Privilege Does Not Apply To Preclude Claims Arising From Breach of a Mediated Settlement When Federal Claims Are At Issue
This decision underscores the uncertainty in federal law relating to mediation confidentiality.
Continue ReadingBREAKING NEWS: California Supreme Court To Weigh In On Excess Insurer’s Standing To Sue Primary Insurer For Bad Faith Failure To Settle When Excess Insurer Contributes To A Settlement On Behalf Of The Insured
As we have previously reported, there is a split of authority in the California Court of Appeal as to whether an excess insurer has standing to sue a primary insurer for failure to settle a case within its limits when the excess insurer contributes to a settlement on behalf of the insured.
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