§ I42:1. History of insurance The contract of insurance had its origin in maritime law. Insurance was unknown to the common law. [New England Mut. Marine Ins. Co. v. Dunham, 78 U.S. 1, 31, 20 L. Ed. 90, 1870 WL 12885 (1870)] In A.D. 1601, the statute of 43 Elizabeth was passed creating a special […]

Nature of declaratory relief action California courts have frequently characterized declaratory relief actions as being “equitable” in nature. While this is accurate, the more accurate description of declaratory relief actions is that they are in fact sui generis and they raise either legal or equitable issues. Consequently, the right to a jury

In general CalPers is both a plan administrator and insurer of a self-funded health plan known as PERS Choice. PERS Choice is a health insurance plan issued and funded by CalPers. Blue Cross of California as plan administrator CalPers has retained Blue Cross of California through a third-party administrator contract.

State v. Continental Ins. Co. (2012) 55 Cal.4th 186 In general CGL policies contain “all sums” language in the insuring clause. See § I53 INSURING CLAUSE. The “all sums” language of the agreement compels insurers to pay “all sums which the insured shall become obligated to pay … for damages … because

[DUTY TO DEFEND; DUTY TO SETTLE] State v. Continental Ins. Co. (2012) 55 Cal.4th 186 In general An insurer denying benefits under a first party property policy or third party liability policy may contend as part of its defense that it’s adjuster or representative was “merely negligent” or merely exercised

Preparation for insurance issues in mediation Before or during mediation a plaintiff may have the opportunity to settle with one or more codefendants who have been denied coverage under one or more liability policies. Before settlement is in fact entered into, the plaintiff must insist that the proposed settlement defendant agree to the following: To produce

Tort actions Plaintiff’s lawsuit often has as its main issue the solvency of the defendants. The defendant may be an insured with one or more insurers that denied a defense/coverage. In this circumstance there may be multiple issues to plan for in preparing for mediation including but not limited to whether the denial of coverage by

Litigation may be against a dissolved corporation that also filed for bankruptcy. The bankrupt/dissolved corporation may be covered by liability insurance purchased before bankruptcy and/or dissolution. The bankruptcy of an insured does not release the insured’s liability insurer from its defense obligations nor its obligation to indemnify. See Insurance Code

In preparing jury instructions for a trial involving insurance coverage, I undertook as part of a consulting relationship with a trial attorney to read the CACI jury instructions, § 2300 – § 2337.  My reaction after reading and absorbing the contents was:  ARE YOU KIDDING ME? The jury instructions are