The Ninth Circuit recently reaffirmed the California legal standards that mandate that insurers defend their insureds where the insured would reasonably expect a defense, and that a third party plaintiff’s factual allegations, not its legal conclusions, govern the duty to defend. Goerner v. Axis Reinsurance Co., 2010 U.S. App. LEXIS 21624 (Oct. 20, 2010
Morgan Jackson
Patent Infringement Actions May Be Covered As Advertising Injury
The Ninth Circuit recently held in Hyundai Motor America v. National Union Fire Ins. Company of Pittsburgh, PA that third-party patent infringement claims against Hyundai gave rise to a duty to defend. The case is a testament to the importance of broadly considering the potential for insurance coverage of all claims. The Court has just…
Insurer Must Notify an Insured of Contractual Limitations Period Even if Represented by Counsel: Lessons Learned Regarding Rescission Claims
In Superior Dispatch, Inc. v. Ins. Corp. of N.Y., 2010 Cal. App. LEXIS 58, the California Court of Appeals recently established that section 2695.4(a) of the California Code of Regulations, title 10, requires an insurer to notify its insured claimant of contractual limitations provisions that may apply to a claim. And, this remains true even…
Court Holds Attorneys Fees Paid In Settlement Are Covered As Taxed Costs
In Employers Mutual Casualty Co. v. Philadelphia Indemnity Insurance Co., a California Court of Appeal in the Second District recently held that attorneys fees paid in settlement on behalf of the defendant insured to plaintiff in the underlying action were “taxed costs” covered under a supplementary payments provision.
The insured mobile home park operator…