Check that policy (and endorsement) wording carefully
Pennsylvania General Insurance Co. v. American Safety Indemnity Co., 185 Cal. App. 4th 1515 (2010)
In 1995, the California Supreme Court held in Montrose Chemical Corp. v. Admiral Ins. Co., 10 Cal. 4th 645 (1995) *(“Montrose II”) that in cases of continuing damage, all
The recent earthquake in Eureka, California (as well as the devastating events in Haiti), reminded me of the financial challenges and complexities faced by businesses large and small following a catastrophe. While the Eureka situation is in no way comparable to the devastation in Haiti, businesses there will be facing challenges and potentially lengthy shut-downs.
Construction defect coverage litigation has been declining over the years. The building booms of the late 80s and 90s resulted in a boom of construction defect litigation too. Coinciding nicely with the introduction of the 1986 ISO form policy with new wording, insurers found themselves paying for a lot of defective construction claims. Since then
A lawsuit is filed, the defendant gives notice to the insurers, and in the meantime engages counsel to start the defense. Several rounds of coverage opinion letters go back and forth, and finally – the insurer accepts the defense of the lawsuit (usually subject to a reservation of rights). Meanwhile, defense counsel has been doing