In Cohen v. Berkley National Ins. Co., __ Fed.Appx.3d __ (2019), 2019 WL 3235076 (9th Cir. July 18, 2019) (unpublished),[…]
Continue ReadingFindings of Fraud, Oppression and Malice Rendered both Compensatory Damage Award and Punitive Damage Award Excluded from Indemnity Coverage
TCPA Claims Not Covered as Violation of Right to Privacy Under Personal Injury Provision Where There Is No Publication To Third Parties
In Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, PA (June 2, 2017) 2017 WL 2405025, the District Court for the Northern District of California addressed the scope of coverage for lawsuits alleging violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), under personal and advertising injury coverage for “oral or written publication, in any manner, of material that violates a person’s right of privacy” contained in a Commercial General Liability policy.
Continue ReadingCalifornia’s “Concurrent Proximate Cause” Doctrine Applies Only Where Multiple Causes Of An Injury Operate Wholly Independently Of Each Other
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 ReadingInsurer Held Liable For Excess Of Limits Judgment Despite The Insurer’s Policy Limits Settlement Offer
In Barickman v. Mercury Casualty Company (July 25, 2016) 2 Cal.App.5th 508, an auto insurer which offered its full policy limits of $15,000 per person/$30,000 per accident to the two pedestrians injured when the intoxicated insured ran a red light and struck the claimants in a cross-walk was nonetheless held liable for a $3 million stipulated judgment against the insured. The issue in the case was whether the insurer’s rejection of a modification to the settlement agreement requested by the claimants’ counsel was reasonable.
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