Underinsured motorist insurer is allowed to deduct from payment to insured monies received from third party general liability insurance.

Posted by Steven Vartabedian on

It is commonly assumed that underinsured motorist coverage pays a maximum of the difference between the underinsured coverage limit and the at-fault driver’s bodily injury limit. Not so. In Elliott v. Geico Indemnity Company (filed 11/19/14) 2014 DAR 15495, Christina Elliot’s husband was killed when his motorcycle was struck by a drunken driver, Lesa Shaffer, […]

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Clarification of the Tripartite Attorney-Client Privilege as between and Insurer, its Insured, and Counsel.

Posted by Dowling Aaron on

Bank of America N.A. v. Superior Court (Pacific City Bank) – 4th District Court of Appeal, Jan. 15, 2013. Fidelity National Title Insurance Co. (“Fidelity”) was insurer for Bank of America N.A. (“BOA”) under a lender’s title policy, which insured a deed of trust on residential real property. BOA made a clam under the policy, […]

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Landlord’s claim against its restaurant tenant’s insurance policy is not barred by the policy’s interinsured exclusion

Posted by Steven Vartabedian on

Is an “insured” not an “insured” excluded by a policy clause that excludes coverage for a claim of one insured against another insured? As oxymoronic as this question may sound, such are the type of contractual interpretation inquiries that frequently occur when it comes to insurance coverage and exclusion issues. In Gemini Insurance Co. v. […]

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Where party fails to prove insurance coverage or that alleged insurer waived right to contest coverage, party is not entitled to jury instruction on bad faith

Posted by Steven Vartabedian on

Erica Howard suffered severe injuries as a result of a car accident when she was being driven home from a New Year’s Eve party by Paul Peterson, who had become intoxicated at the party put on by Donald DeWitt. The location of the party was an apartment complex, where DeWitt served as the on-site manager. […]

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E.coli outbreak not an insured event for faultless marketer who sustains consequential losses

Posted by Steven Vartabedian on

There are few consumer warnings that strike more fear in the public’s mind than the announcement of an E. coli outbreak. The potential consequence of eating a seemingly wholesome yet contaminated food item is deadly. No less fearful of such an announcement are marketers of the produce in question. Even if an investigation into the […]

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