California Insurance Law Office of Bruce Cornblum
§ P106.02:1 In general Under California law an insurer’s erroneous failure to pay benefits under a policy does not necessarily constitute bad faith entitling the insured to recover tort damages. The ultimate test of bad faith liability in first party cases is whether the refusal
§ W26.02:1 In general; wrap-up insurance policy defined A “wrap-up” insurance policy is an insurance policy, or series of policies, written to cover risks associated with a work of improvement as defined in Civil Code § 3106, and covering two or more of the contractors or
A plaintiff’s attorney may want to prove facts obtained from the internet regarding facts contained in the web page of an insurer or facts contained in the web page of a defendant- insureds web page. Other uses may include information used during the punitive damage
EXCLUSION: INTELLECTUAL PROPERTY CGL policies containing coverage B for ‘advertising injury’ will contain an exclusion for suits involving intellectual property. The exclusion states: “We won’t cover injury or damage or medical expenses that result from any actual or alleged infringement or violation of any of
§ M4 MADE WHOLE* § M4:1. In general Although there is little California case authority regarding the status of an insurer’s subrogation rights when the insurer foregoes participating in the underlying action, the weight of out-of-state case authority supports the proposition that, in some circumstances,
Coverage provided by products-completed operations hazard Standard language of the products-completed operations hazard coverage employs standard language promising the insured coverage against claims for property damage ‘arising out of … ‘your work’ except for … work that has not yet been completed’. This type of
CHIEF JUSTICE RONALD GEORGE RETIRES Chief Justice Ronald George was appointed by Governor Pete Wilson to succeed Chief Justice Malcolm Lucas in mid-1996. From an outsider’s perspective, which is the perspective of the author, based upon a review of professional articles written, Chief Justice George’s
Post-claims underwriting; Insurance Code Insurers subject to the INSURANCE CODE, not the Health and Safety Code, are governed by Insurance Code § 10384 as it relates to post-claims underwriting. [Nazaretyan v. California Physicians Service (2010) 182 Cal.App.4h 1601, 1608, 107 Cal.Rptr.3d 137] Insurers licensed under
Breach of contract; failure to perform The standard elements of a claim for breach of contract are: 1. the contract containing the contract terms; 2. plaintiff’s performance or excuse for nonperformance; 3. defendant’s breach, and; 4. damage to Plaintiff therefrom.[Abdelhamid v. Fire Insurance Exchange (2010) 182