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California Supreme Court hears argument on whether Insurance Code limits UCL lawsuits against insurers
- Barger & Wolen LLP
- -
- USA
- -
- May 10 2013
On May 8, 2013, the California Supreme Court convened to hear oral argument in Zhang v. Superior Court. The case presents the issue of whether
California Court of Appeal again finds no stacking of liability policy limits
- Barger & Wolen LLP
- -
- USA
- -
- April 14 2013
Nearly two years ago, the California Court of Appeal for the Second Appellate District issued a decision that upheld the concept of horizontal
Judge invalidates California regulation on estimating replacement costs for homeowners insurance
- Barger & Wolen LLP
- -
- USA
- -
- April 3 2013
On March 25, 2013, Los Angeles Superior Court Judge Gregory Alarcon issued a decision which found the California Department of Insurance's regulation
California Supreme Court allows "continuous accrual" doctrine to avoid statute of limitations for "unfair" UCL claim
- Barger & Wolen LLP
- -
- USA
- -
- January 24 2013
Seeking to clarify the extent to which the four-year statute of limitations applies to claims under the Unfair Competition Law, Business &
California Supreme Court depublishes decision that found claims adjusters not exempt from California's overtime pay requirement
- Barger & Wolen LLP
- -
- USA
- -
- October 29 2012
On July 23, 2012, we reported that the California Court of Appeal (Second Appellate District) held in Harris v. Superior Court that claims adjusters for two insurers were not exempt from California’s overtime compensation laws
Du two - Ninth Circuit backs off on controversial duty to settle decision
- Barger & Wolen LLP
- -
- USA
- -
- October 12 2012
In June 2012, the Ninth Circuit Court of Appeals issued a decision in Du v. Allstate Insurance Company that asserted a liability insurer must “effectuate” or initiate a settlement within policy limits after liability has become reasonably clear
Standard CGL policy "personal injury" coverage excludes defense for housing discrimination, but broader umbrella policy provides duty to defend
- Barger & Wolen LLP
- -
- USA
- -
- September 29 2012
In Federal Insurance Company v. Steadfast Insurance Company, issued September 24, the California Court of Appeal, Second Appellate District, held that two primary liability policies that provided “personal injury” coverage for wrongful eviction, wrongful entry and invasion of the right of private occupancy did not impose a duty to defend a complaint alleging discriminatory in housing
California Supreme Court adopts "all-sums-with-stacking" rule for continuous injury cases
- Barger & Wolen LLP
- -
- USA
- -
- August 9 2012
In a unanimous and long-waited decision, the California Supreme Court today (August 9) adopted the “all-sums-with-stacking” approach to addressing indemnification for continuous injury cases
Court of Appeal affirms Buss reimbursement of non-covered settlement to insurer
- Barger & Wolen LLP
- -
- USA
- -
- August 8 2012
On August 3, 2012, the California Court of Appeal, Second Appellate District, after affirming a trial court’s ruling that a liability policy did not provide coverage for tenants’ claims against apartment owners for unsafe and unsanitary conditions at the apartments, further affirmed that the insurer was entitled to be reimbursed by the insureds for the full amount the insurer had paid in settlement of the tenants’ action
Fight begins over Prop 33 - even as to the ballot language
- Barger & Wolen LLP
- -
- USA
- -
- August 3 2012
Though the election is still three months away, and the campaigning over California’s Prop 33 (the automobile insurance portable persistency initiative) has not yet begun in earnest, the ballot proposition is already being fought in the courts
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