Recent insurance industry attempt to limit “intentional acts” coverage by an exclusionary provision; Albert v. Mid-Century (2015) 236 Cal. App. 4th 1281 The insurance industry has recently attempted to limit otherwise covered-intentional acts by inserting a limitation  in a homeowners and/or CGL policy.  In order to comprehend the impact of this

Insurer’s redefinition of “personal injury” in recent policies in order to reduce personal injury coverage to listed acts which are triggered only if caused by an “occurrence” (accident) In recent years, insurers have devised an endorsement restricting coverage for COVERAGE B acts.  This is accomplished by restricting COVERAGE B acts

Trial court orders compelling appraisal proceedings — proper orders Where there is a “dispute” whether the damaged item is covered under the policy An insurer’s contention that an appraisal is limited to items of loss that the parties agree are covered under the policy, is simply not the case.  An

In general An insurance company at various times during litigation may make offers to the insured or on behalf of the insured on various subjects.  After made, the insurer may decide to withdraw whatever it was that was offered.  An insurer may withdraw a defense unilaterally without necessity of a

A third party complaint may allege two or more deliberate and/or intentional tortious wrongdoing, which allegations, on its face may appear to be clearly noncovered under a liability policy.  See § D24 DELIBERATE ACT [§ D24:2 Deliberate act defined].  Such allegations may include acts of sexual misconduct [see § S32 SEXUAL

Rescission – prompt notice of rescission must be given Rescission is governed by Civil Code § 1691 and § 1693.  To effect a rescission, a party must promptly upon discovering the facts which entitle one to rescind give notice of rescission to the other party and restore or offer to restore everything of value

The right to a trial by jury is a right to have a jury try and determine issues of fact.  [Stofer v. Shapell (2015) 233 Cal. App. 4th 176, 189; 7 Witkin Cal. Procedure (5th Ed. 2008) TRIAL, § 81, page 107]  For discussion of Stofer v. Shapell see § M14 MANIFESTATION OF DAMAGE

In general “Farmers” is a name attributed to several entities involved in the business of insurance. The advertising, letterheads on correspondence, often refer to “Farmers” or “Farmers Insurance Group,” or some other Farmers description. Policies of insurance may refer to a trade name of “Farmers Group” or “Farmers” on the

Insured’s burden of proof 1.    The insured has the burden of proving both the existence of the policy and its material terms.  [Searle v. Allstate Life (1995) 38 Cal. 3d 425, 438]  See § I47 INSURANCE POLICY; PROOF OF TERMS. 2.    If the contract claim is based on an alleged breach of the