In a prior post, I discussed the widespread confusion over the meaning and use of certificates of insurance, and the importance of obtaining an additional insured endorsement. Another problem faced by additional insureds is the scope of coverage under such endorsements. Up until the early 1990s, additional insured endorsements were generally available which expressly
Additional Insured Coverage—Certificates of Insurance
Every time I give a presentation that includes Additional Insured coverage, people get excited. Not because of what I have to say, but because they are upset about certificates of insurance. As one audience member recently asked “Are they worth the paper they are written on?” This is an understandable question, because certificates are widely
Traps to Avoid when Settling Lawsuits with Claimant
The California District Court of Appeals has come out with a couple decisions in the last two years which present serious traps for an insured when settling a case with the underlying claimant or separately with one layer of coverage. Two such cases are Qualcomm and Aerojet. We will be discussing these cases, as
Confidentiality of Communications with Carriers
I spoke recently on a Webinar sponsored by Strafford Publications, entitled "Attorney-Client Privilege in Jeopardy in Insurance Litigation." One issue addressed was whether communications between the policyholder counsel and the carrier are privileged when the insured has independent Cumis counsel. In the Cumis setting, the insured hires its own independent defense counsel, which represents
Supreme Court to Hear Argument January 8 in State of California v. Underwriters at Lloyd’s
One issue currently before the California Supreme Court is the issue of allocation between covered and uncovered damages where pollution at a site is partly caused by gradual pollution and partly caused by a "sudden and accidental" event. The first case to address this, Golden Eagle Refinery Co. v Associated International Ins. 85 Cal.
Farella Braun + Martel Insurance Group Launches New Blog
Welcome! This is the first post of our blog on insurance issues. This blog is dedicated to providing comments and insights on issues of importance to anyone interested in commercial insurance coverage. Our firm represents policyholders and claimants in insurance coverage disputes with insurers, and we will look at the issues from that perspective. We