Breach of contract; disability policies Under California law, a claim for breach of contract (disability policy) includes four elements: 1. that a contract exists between the parties; 2. that the plaintiff performed his contractual duties or was excused from nonperformance; ILLUSTRATION: If the policy requires that the insured be under the

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 the following rights or laws: • copyright [§ C117

Encroachments; coverage under liability policy An encroachment onto an adjacent owner’s property [see § A26 ADJACENT (ADJOINING) PROPERTY] can be either a permanent encroachment or a temporary encroachment. The former (permanent encroachment) is treated as a ‘permanent trespass’. Where the encroachment is able to be removed thereby restoring the adjoining owner’s property to the

One year period tolled where client has not sustained ‘actual injury’ Code of Civil Procedure § 340.6 states: “(a) an action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services must be commenced within one year after plaintiff discovers, or

§ 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 subcontractors who work on

Proving bad faith denial of a duty to defend or a refusal to settle by cross-examination of the insurance company adjuster and/or claims supervisors; third party liability policy The insurance company resolves claims under its policies by “adjustment of losses”. See § A30 ADJUSTMENT OF LOSSES. An insurer has a non-delegable duty to

In general: Insurance coverage litigation by no means is limited to discussions of the meaning of policy terms. Insurance litigation includes such subjects as civil practice and procedure, rules of evidence, knowledge of discovery practice. It also includes a requirement of the knowledge of the attorney-client privilege. The three volume

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 to pay policy benefits was unreasonable. In other

In general California has a strong public policy interest in conserving the assets of insolvent insurance companies. Either the business must be rehabilitated, if possible, or the company should be liquidated, its assets distributed to its creditors. [Carpenter v. Pacific Mut. (1937) 10 Cal.2d 307, 329-330] Public policy favors rehabilitating the