
Representative Matters
Faith / Bad Faith
Punitive damages award is not excessive for liability insurers stalling of defense cost payments and coverage litigation scare tactics used against policy holder defended through “CUMIS” counsel.
No cause of action for breach of contract or bad faith exists for insurers seeking reimbursement of medical payments made to policy holder who has made recovery for injury by third party; case remains pending.
Dentist’s Professional Liability insurer breached duty to defend patient’s molestation allegations although indemnification was barred by public policy.
Aircraft liability insurers have no duty to investigate pilot qualifications of insurance applicants.
Entity Coverage
Charter Schools and their operators are considered “persons” subject to suit under California’s False Claims Act and California’s Unfair Competition Law.
School district owes no duty to off campus pedestrian injured by students driving from campus parking facility.
Absent consent of the parties, principles governing insurance carriers and insurance law have no applicability to interpretation of Joint Powers pooling agreements.
Groundwater pollution was not “sudden and accidental” as metal plating operational spillage was intended and expected by insured.
Insurance
Permissive driver is not covered for accident while using the vehicle deleted from the registered owner’s policy.
Exclusion for claims of bodily injury to policy holder/driver’s family members barred coverage per policy holder/driver’s liability arising from the claim of her injured child passenger on equitable cross-complaint of adverse driver.
Insurance code restrictions on authorized exclusion of permissive user coverage applies only to covered vehicles owned or legally controlled by named insured.
Employers intentional termination is not “accidental event” within scope of insuring agreement for general liability insurance and insurer has no duty to defend.
Professional liability services policy does not cover allegations of violation of Federal False Claims Act.
Unfair competition under advertising injury coverage does not include liability for violation of California Business and Professions Code Section 17200 etc.
General liability policies advertising injury coverage does not cover corporation’s multi-million-dollar settlement of patent infringement liability exposure.
No personal injury and advertising injury liability coverage exists for sale of devices to pirate paid TV signals.
No duty to defend juvenile proceedings arising from school fire set by minor insured under homeowner’s policy.