Gary L. LaHendro | Haight Brown & Bonesteel In Maryam Ghukasian v. Aegis Security Insurance Company (No. B311310, filed April 14, 2022, and certified for publication on May 5, 2022), the Court of Appeal of the State of California, Second Appellate District held that Maryam Ghukasian’s insurer, Aegis Security Insurance Company (“Aegis”), had no duty to defend… Continue reading When an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or Damage
Tag: Insurance Policy
Montana: Unambiguous Exclusions Enforced Despite Lack of Table of Contents Required Under Statute
Alicia Gurries | Cozen O’Connor A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 MT 72, ¶ 1, answered in the negative a question certified by a federal district court regarding tensions inherent in Montana’s Property and Casualty Insurance Policy Simplification Act (“PSA”). The Ninth Circuit had submitted the… Continue reading Montana: Unambiguous Exclusions Enforced Despite Lack of Table of Contents Required Under Statute
Endorsement to Insurance Policy Controls
David Adelstein | Florida Construction Legal Updates I’ve said this before, and I’ll say it again: an insurance policy is a complicated reading and this reading gets compounded with endorsements that modify aspects of the policy. What you think may be covered may in fact not be covered by virtue of an endorsement to the insurance policy. This is… Continue reading Endorsement to Insurance Policy Controls
California Court Rules Jury Must Resolve Dispute Between Homeowner And Subcontractor Insurer Over When Claim Occurred
Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently reversed a trial court’s dismissal of a lawsuit, concluding that because there was a dispute over when a homeowner’s claim “occurred” for purposes of an insurance policy, that dispute must be resolved by a jury. Case Background Guastello v. AIG Specialty Insurance Co.1 involved… Continue reading California Court Rules Jury Must Resolve Dispute Between Homeowner And Subcontractor Insurer Over When Claim Occurred
This, That, and the Other: Different Insurance Policies Can Cover the Same Loss
Kenneth Gorenberg | Barnes & Thornburg As policyholder counsel, we’re frequently asked which insurance policy may cover a particular claim. Sometimes, the answer is not just one but more than one. How a Claim Can Be Covered By More Than One Policy There are several circumstances in which more than one policy may respond to… Continue reading This, That, and the Other: Different Insurance Policies Can Cover the Same Loss