In Evanston Ins. Co. v. Atain Spec. Ins. Co. (May 26, 2017) 2017 WL 2311401, the United States District Court for the Northern District of California revisited the reach of California’s “concurrent proximate cause” doctrine, and reiterated it requires multiple causes of harm to be “completely independent” in order to trigger coverage.
Continue ReadingCalifornia’s “Concurrent Proximate Cause” Doctrine Applies Only Where Multiple Causes Of An Injury Operate Wholly Independently Of Each Other
Rescission Was On California Courts’ Minds In May
Insurers rely on the information their insureds provide to evaluate risk and determine whether to issue insurance and at what price. This basic premise is reflected in California Insurance Code section 332 which states: “Each party to a contract of insurance shall communicate to the other, in good faith, all facts within his knowledge which are or which he believes to be material to the contract and as to which he makes no warranty, and which the other has not the means of ascertaining.”
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