Hard cases do not always make bad law. The California courts reaffirmed their willingness to enforce law or ordinance exclusions even in circumstances where the policyholder has a compelling story to tell. A City-ordered demolition of the policyholders' home based…
Even if an insurance policy requires the insured to submit to an examination under oath ("EUO"), the insured's refusal to participate may not provide a sufficient basis for the insurer to obtain summary judgment in a later-filed coverage action. In Staples…
An easement is the right to use the land of another. An easement can be acquired by adverse use of another's property or by a grant deed, i.e., when a property owner conveys an easement to another by a deed…
Insureds' counsel may think twice before filing that next appeal in Idaho. In a recent case before the Idaho Supreme Court, an insurer not only prevailed on its denial of the duty to defend, but it also received an award…
A recent Washington Court of Appeals opinion demonstrates that, when it comes to a policy exclusion, less can be more. The case is titled Capitol Specialty Insurance Corp. v. JBC Entertainment Holdings, Case No. 68129-0 (Wash. Ct. App. Dec. 10, 2012)…
California courts are often maligned as the home of plaintiff-friendly juries, expansive tort remedies and exorbitant damages awards. On New Year's Eve, however, California's Supreme Court gave defendants a last-minute holiday gift−a judicial decision expanding California's already broad primary assumption…
On the last day of 2012, the Oregon Supreme Court issued an opinion that reminds carriers the duty to defend will continue to be robust in the new year. In Bresee Homes, Inc. v. Farmers Ins. Exch., Case No. S057573 (December 31,…
Lights on an automobile give information to the driver about what is on the road ahead. Lights on a vessel give no information to the vessel operator. Rather, lights on a vessel give information to others about the vessel's course…
It is not uncommon in the construction defect arena to see insureds sue the contractors responsible for defective construction, and also tender a claim to the first-party insurer for coverage of losses associated with the construction problems. A recent opinion…
A three-judge panel of the United States Court of Appeals for the Ninth Circuit vacated a $10 million jury verdict and remanded Barabin v. AstenJohnson, Inc. to a Washington federal district court for a new trial after concluding that the district court…