canada company federal insurance

LexisNexis® Mealey's™ California Insurance Legal News
Headline California Insurance Legal News from LexisNexis®

• Parties Reach Agreement In Principle To Settle Coverage Dispute
  SAN FRANCISCO - Parties in a dispute over insurance coverage for two underlying claims that alleged the use of excessive force by the Daly City, Calif., police department have reached an agreement in principle to settle their dispute. The agreement was filed Nov. 19, just two days after a federal judge ruled that the city's complaint was sufficient to survive the insurer's motion to dismiss (City of Daly City v. Specialty National Insurance Co., No. C-08-03603, N.D. Calif.; 2008 U.S. Dist. LEXIS 95619). Full story on lexis.com
• Judge: Settlement Without Consent Not Entitled To Indemnity
  SAN FRANCISCO - A claimant that breached its policies' consent clause by negotiating and executing an underlying settlement agreement is not entitled to indemnity, a federal judge ruled Dec. 1 (Crowley Maritime Corp. v. Federal Insurance Co., et al., No. C-08-00830, N.D. Calif.; 2008 U.S. Dist. LEXIS 97393). Full story on lexis.com
• Federal Judge Remands General Contractor's Indemnification Action
  LOS ANGELES - A California federal judge remanded on Sept. 23 a general contractor's lawsuit seeking indemnification from 18 insurers with regards to underlying allegations based on the construction of a large apartment complex (R.D. Olson Construction L.P. v. American Safety Indemnity Co., et al., No. 08-05013, C.D. Calif.; 2008 U.S. Dist. LEXIS 83102). Full story on lexis.com
• 'Work Performed' Exclusions Preclude Negligence Claims
  SAN DIEGO - A California appeals panel on Oct. 17 upheld a trial judge's ruling that negligence claims are barred from coverage under a commercial general liability insurer's "worked performed" exclusions (Michael C. York, et al. v. Navigators Insurance Co., No. D052159, Calif. App., 4th Dist., Div. 1; 2008 Cal. App. LEXIS 1930). Full story on lexis.com
• Director's Actions Partial Cause Of Property Damage, 9th Circuit Holds, Reversing
  SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals, reversing and remanding a lower court's ruling, found Oct. 30 that a condominium director's negligent actions were partially responsible for property damage and, therefore, are covered by his general liability insurers (Far Northwest Development Co. LLC and Somerset Village Townhomes Condominium Association v. Community Association Underwriters of America Inc., No. 07-35382, 9th Cir.; 2008 U.S. App. LEXIS 22580). Full story on lexis.com
• Additional Insured Not Entitled To UIM Benefits, Panel Rules
  SAN FRANCISCO - The First District California Court of Appeal on Dec. 4 upheld a grant of summary judgment to automobile insurer Mercury Insurance Co., finding that an additional insured who was injured when he was struck by an uninsured driver was not entitled to uninsured motorist benefits (UIM) (Mercury Insurance Co. v. David Douglas Pearson, No. A119346, Calif. App., 1st Dist.). Full story on lexis.com
• Injuries From Dune Buggy Accident Are Covered, Panel Holds
  LOS ANGELES - The Second District California Court of Appeal on Dec. 3 upheld a finding of coverage under a homeowners policy for injuries resulting from a dune buggy accident, finding that the policy's motor vehicle exclusion does not apply (Martin Goldberg, et al. v. Amco Insurance Co., No. B199041, Calif. App., 2nd Dist.). Full story on lexis.com
• Potential For Bodily Injury Exists In Bluetooth Headsets Class Action Suits, Judge Says
  SAN JOSE, Calif. - Because a potential for bodily injury caused by Bluetooth headsets is alleged in underlying complaints filed against the manufacturer and distributor of the headsets, an insurer cannot avoid its duty to defend on the basis that no bodily injury was sustained by the underlying plaintiffs, a federal judge said Oct. 20 (Plantronics Inc., v. American Home Assurance Co. et al., No. 07-6038, N.D. Calif.; 2008 U.S. Dist. LEXIS 88921). Full story on lexis.com
• No Damages To Support Contract Claim, Judge Finds
  SACRAMENTO, Calif. - A federal judge on Dec. 1 dismissed a disability claimant's breach of contract claim, finding that the claimant incurred no damages after the insurer reconsidered its position and awarded retroactive benefits. The judge, however, said issues of fact exist as to whether the insurer conducted a fair investigation, allowing the claimant's bad faith claim to stand (Laurie Hood v. Hartford Life and Accident Insurance Co., No. S-07-01634, E.D. Calif.; 2008 U.S. Dist. LEXIS 97550). Full story on lexis.com
• California Court Finds 'Your Occupation' Clause Is Ambiguous
  LOS ANGELES - The Secon