California Court of Appeal Affirms Judgment Finding No Duty to Defend Drug Manufacturer in Lawsuits Alleging Increased Opioid Usage

December 20, 2017

Update: On February 21, 2018, the California Supreme Court granted Actavis’ petition for review, but has deferred the matter pending disposition of related issues in Liberty Surplus Insurance Corp. v. Ledesma and Meyer Construction Co., Case No. S236765.” The Traveler’s Property Casualty Company of America v. Actavis, Inc. — Cal.Rptr.3d –, 2017 WL 5119167 (Nov. 6, 2017); California Court of Appeal, Fourth District, Division 3, Case No. G053749 In two separate lawsuits, the Counties of…

Insurance Law Blog

Auto Insurer Properly Denied Liability Coverage Where Insured Operated a “Non-Owned” Auto Furnished for Insured’s Regular Use

By Suzanne Badawi

October 27, 2017

Medina v. GEICO Indemnity Company, 8 Cal.App.5th 251 (2017) Leigh Anne Flores worked for Pacific Bell. While driving a Pacific Bell van, she hit another car driven by Javier Medina. Pacific Bell furnished the van to Flores for work, but Flores also used it for personal use without any express objection or restriction by Pacific Bell. At the time she struck Medina, Flores was on a personal errand during work hours.…

Insurance Law Blog

Genuine Dispute Doctrine Did Not Support Summary Judgment Where Expert Failed To Review All Medical Records

By Joseph Foss

October 27, 2017

Zubillaga v. Allstate Indemnity Company, 12 Cal.App.5th 1017 (2017) Carmen Zubillaga sustained a back injury from a car accident. After settling with the other driver’s insurer, Zubillaga made a claim for underinsured motorist benefits to her auto insurer, Allstate Indemnity Company. Zubillaga demanded the remaining $35,000 policy limit to settle her UIM claim. Allstate rejected Zubillaga’s demand, and instead offered $10,000. Zubillaga later claimed that she had radiating back pain requiring epidural injections. Allstate increased…

Insurance Law Blog

Court Finds Ambiguity in Additional Insured Endorsement to Trigger Defense Duty Under Completed Operations Coverage

By Jeffrey Crowe

September 18, 2017

Pulte Home Corporation v. American Safety Indemnity Company, — Cal.Rptr.3d — , 2017 WL 3725045 (Aug. 30, 2017); California Court of Appeal, Fourth District, Division 1, Case No. D070478. In two construction defect lawsuits, homeowners sued the general contractor and developer, Pulte Home Corporation, for alleged foundation, electrical and waterproofing defects. Pulte required that its subcontractors purchase general liability insurance with completed operations coverage naming Pulte as an additional insured. American Safety Indemnity Company had…

Insurance Law Blog

Professional Services Exclusion Negates Coverage for Liability Arising Out of Insured’s Failure to Mark Oil Pipeline

By Jeffrey Crowe & Jennifer Hoffman

September 18, 2017

Energy Insurance Mutual Limited v. Ace American Insurance Company, 14 Cal.App.5th 281 (2017); First Appellate District Court of Appeal, Division Four, Case No. A140656 (July 11, 2017). In Energy Insurance Mutual Limited v. Ace American Insurance Company, the California Court of Appeal held that a “professional services” exclusion applied to bar coverage for claims made against an oil pipeline owner, Kinder Morgan, and its temporary staffing agency, Comforce, following an explosion at a construction site.…

Insurance Law Blog

Recent Developments in Insurance Law

California Court of Appeal Affirms Judgment Finding No Duty to Defend Drug Manufacturer in Lawsuits Alleging Increased Opioid Usage

Auto Insurer Properly Denied Liability Coverage Where Insured Operated a “Non-Owned” Auto Furnished for Insured’s Regular Use

Genuine Dispute Doctrine Did Not Support Summary Judgment Where Expert Failed To Review All Medical Records

Court Finds Ambiguity in Additional Insured Endorsement to Trigger Defense Duty Under Completed Operations Coverage

Professional Services Exclusion Negates Coverage for Liability Arising Out of Insured’s Failure to Mark Oil Pipeline

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