Tag Archives: California Supreme Court

California Supreme Court to offer guidance for COVID-19 coverage cases

Courts continue grappling with the application of California insurance law to COVID-19 business interruption claims. After three years of insurance claims and litigation, the California Supreme Court has agreed to provide guidance as to whether the actual or potential presence of SARS-CoV-2 on insured property can qualify as physical loss of or damage to property … Continue Reading

California Supreme Court rules broadly in favor of insureds

By Kerry Roberson and David E. Weiss on 11 June 2018 Posted in Commercial General Liability, Employment Practices Liability, Insurance Coverage, Insurance General

On Monday, June 4, 2018, the California Supreme Court ruled that an insurance company must provide liability coverage to its corporate insured against claims of negligent hiring, retention, and supervision of its employee, who allegedly sexually assaulted a 13-year-old child. The case is Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc., Case … Continue Reading

Recent California Ruling Enables Excess Carriers to Put Additional Pressure On a Primary Carrier to Accept a Reasonable Policy Limits Demand

By Benjamin Fliegel and Douglas C. Rawles on 6 October 2016 Posted in Commercial General Liability, Insurance Coverage

A California appeals court recently sharpened the teeth of insurance companies’ duty to settle [Ace Am. Ins. Co. v. Fireman’s Fund Ins. Co. (2016) 2 Cal. App. 5th 159]. By broadening the situations in which an insurer can be held liable for failing to settle within limits to include cases that never go to verdict or … Continue Reading

California Supreme Court Issues Sweeping Pro-Policyholder Decision on Environmental Liability Coverage Issues

By David E. Weiss on 10 March 2009 Posted in Insurance Coverage

This post was also written by Megan Demeter. On March 9, 2009, the California Supreme Court issued its decision in State of California v. Allstate Insurance Co., Case No. S149988. In this unanimous decision, the court resolved several issues in favor of the policyholder regarding the application of pollution exclusion provisions in the State’s comprehensive … Continue Reading