Posts tagged California.
Ninth Circuit Affirms Ruling That Section 533 Bars Coverage for Defense Costs and Indemnity When Claims Broadly Allege Willful Conduct
Ninth Circuit Affirms Ruling That Section 533 Bars Coverage for Defense Costs and Indemnity When Claims Broadly Allege Willful Conduct
Court Holds that Ambiguity of One Endorsement Did Not Mean That Similar Endorsement Must Also Be Ambiguous
Court Holds that Ambiguity of One Endorsement Did Not Mean That Similar Endorsement Must Also Be Ambiguous
California Federal Court Holds Coverage Barred By Prior Notice Exclusion and Related Claims Provision
California Federal Court Holds Coverage Barred By Prior Notice Exclusion and Related Claims Provision
Lending Exclusion in Bankers Professional Liability Policy Bars Coverage For Claim Alleging Financing a Ponzi Scheme
Lending Exclusion in Bankers Professional Liability Policy Bars Coverage For Claim Alleging Financing a Ponzi Scheme
Emotional Distress Damages Without Physical Injury Insufficient to Support Direct Claim Against Insurer Under California Statute
Emotional Distress Damages Without Physical Injury Insufficient to Support Direct Claim Against Insurer Under California Statute
Court Considers Prior Notice, Intentional Acts, and Contract Exclusions as Applied to Insured’s Violation of California Franchise Investment Law for Incomplete Franchise Disclosures
Court Considers Prior Notice, Intentional Acts, and Contract Exclusions as Applied to Insured’s Violation of California Franchise Investment Law for Incomplete Franchise Disclosures
Antitrust Exclusion Applies to Claims for Unjust Enrichment and Violation of Consumer Protection Laws
Antitrust Exclusion Applies to Claims for Unjust Enrichment and Violation of Consumer Protection Laws
California Court of Appeal Affirms Dismissal of Claims against Excess Insurers for Insureds’ Failure to Allege Exhaustion
California Court of Appeal Affirms Dismissal of Claims against Excess Insurers for Insureds’ Failure to Allege Exhaustion
Ninth Circuit Applies “Strict Compliance” Standard to Notice Requirement Under Claims-Made-and-Reported Policy
Ninth Circuit Applies “Strict Compliance” Standard to Notice Requirement Under Claims-Made-and-Reported Policy
Wrongful Business Practices and Wrongful Death Lawsuits Against Nursing Facility Alleging Understaffing Held Not Related Claims
Wrongful Business Practices and Wrongful Death Lawsuits Against Nursing Facility Alleging Understaffing Held Not Related Claims
Court Holds Retroactive Date Exclusion Is Ambiguous Under California Law
Court Holds Retroactive Date Exclusion Is Ambiguous Under California Law
California SPAC Entitled to Advancement of Subpoena-Related Costs Post-Name Change Based on “Potentially Covered” Standard
California SPAC Entitled to Advancement of Subpoena-Related Costs Post-Name Change Based on “Potentially Covered” Standard
Allegation That Officer was CEO of Insured Organization Sufficient to Survive Capacity Challenge to D&O Coverage
Allegation That Officer was CEO of Insured Organization Sufficient to Survive Capacity Challenge to D&O Coverage
California Insurance Code Section 533 Does Not Necessarily Bar Coverage for California Labor Code Retaliation Claims
California Insurance Code Section 533 Does Not Necessarily Bar Coverage for California Labor Code Retaliation Claims
California Court of Appeal Confirms Investment Advisor’s Unauthorized Copying of Trade Publication Is Not a Wrongful Act in the Performance of Investment Advisory Services
California Court of Appeal Confirms Investment Advisor’s Unauthorized Copying of Trade Publication Is Not a Wrongful Act in the Performance of Investment Advisory Services
Court Rejects Assumption that Wrongful Acts are Related Based on Inclusion in Single Complaint
Court Rejects Assumption that Wrongful Acts are Related Based on Inclusion in Single Complaint
Late Notice Bars Coverage for Claim Noticed to Insurer After 60 Days of Insured’s Receipt of Claim
Late Notice Bars Coverage for Claim Noticed to Insurer After 60 Days of Insured’s Receipt of Claim
Alleged Willful Conduct Enough to Bar Coverage Under California Insurance Code Section 533
Alleged Willful Conduct Enough to Bar Coverage Under California Insurance Code Section 533
California Court Asserts Insurer Bad Faith
California Court Asserts Insurer Bad Faith
Arbitration Award for Amounts Owed Under Separation Agreement Not Covered Loss
Arbitration Award for Amounts Owed Under Separation Agreement Not Covered Loss
Quiet Title Action Does Not Involve Covered “Loss”
Quiet Title Action Does Not Involve Covered “Loss”
Material Misrepresentations on Application and Prior Knowledge Preclude Professional Liability Coverage for Behavioral Health Center
Material Misrepresentations on Application and Prior Knowledge Preclude Professional Liability Coverage for Behavioral Health Center
Conduct Exclusions Inapplicable Absent Finding of Insured’s Dishonesty or Intent to Deceive
Conduct Exclusions Inapplicable Absent Finding of Insured’s Dishonesty or Intent to Deceive
Dishonesty Exclusion Bars Coverage For Claim Based On Actions Of Contractor Authorized To Conduct Operations On Behalf Of Insured
Dishonesty Exclusion Bars Coverage For Claim Based On Actions Of Contractor Authorized To Conduct Operations On Behalf Of Insured
Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
Capacity Exclusion Does Not Bar Coverage for Claims for Misconduct Allegedly Motivated By Outside Capacity
Capacity Exclusion Does Not Bar Coverage for Claims for Misconduct Allegedly Motivated By Outside Capacity
Fraud Exclusion, California Insurance Code Section 533 Preclude Coverage for Arbitration Award
Fraud Exclusion, California Insurance Code Section 533 Preclude Coverage for Arbitration Award
Ninth Circuit Holds That California Prohibition on Insuring Willful Conduct Does Not Require Final Adjudication in Underlying Action
Ninth Circuit Holds That California Prohibition on Insuring Willful Conduct Does Not Require Final Adjudication in Underlying Action
Insurer Entitled to Rescission for Insured’s Misrepresentations on Renewal Application
Insurer Entitled to Rescission for Insured’s Misrepresentations on Renewal Application
“Notice of Cancellation” Meets California Requirements for Notice of Rescission
“Notice of Cancellation” Meets California Requirements for Notice of Rescission
Notice of Circumstances Sent to Underwriter Does Not Constitute Notice of a Claim Under Claims-Made-and-Reported Policies
Notice of Circumstances Sent to Underwriter Does Not Constitute Notice of a Claim Under Claims-Made-and-Reported Policies
Federal Court Upholds Removal Based on Fraudulent Joinder of Non-Insurer Defendants
Federal Court Upholds Removal Based on Fraudulent Joinder of Non-Insurer Defendants
Coverage for Claims Against Seed Grower Not Barred by Prior Knowledge or Retroactive Date Provisions
Coverage for Claims Against Seed Grower Not Barred by Prior Knowledge or Retroactive Date Provisions
Settlement of Merger Objection Litigation is Not Covered “Loss”
Settlement of Merger Objection Litigation is Not Covered “Loss”
Insurer Entitled to Rescind Policy for Insured’s Concealment of Lawsuit Filed Prior to Policy Period
Insurer Entitled to Rescind Policy for Insured’s Concealment of Lawsuit Filed Prior to Policy Period
Renewal Correspondence to Underwriter Fails to Satisfy Claims-Made-and-Reported Policy’s Notice Requirement 
Renewal Correspondence to Underwriter Fails to Satisfy Claims-Made-and-Reported Policy’s Notice Requirement 
Investment Advisor’s Unauthorized Copying of Trade Publication Held Not to Constitute a Wrongful Act in the Performance of Investment Advisory Services
Investment Advisor’s Unauthorized Copying of Trade Publication Held Not to Constitute a Wrongful Act in the Performance of Investment Advisory Services
Negotiation of Severance Agreement with Employee Who Ended Affair With Company President Constitutes a Claim That Was Not Timely Reported Under EPL Policy
Negotiation of Severance Agreement with Employee Who Ended Affair With Company President Constitutes a Claim That Was Not Timely Reported Under EPL Policy
Outside Entity Exclusion Precludes Duty to Defend Claim for Misappropriation of Confidential Information
Outside Entity Exclusion Precludes Duty to Defend Claim for Misappropriation of Confidential Information
Ninth Circuit Upholds Broad Interpretation of “Arising out of” in Goods & Products Exclusion
Ninth Circuit Upholds Broad Interpretation of “Arising out of” in Goods & Products Exclusion
Fiduciary Duty Claim Triggers Contract Exclusion Because Duty was Created by Contract
Fiduciary Duty Claim Triggers Contract Exclusion Because Duty was Created by Contract
A Defending Insurer’s Reserving Rights and Seeking Declaratory Judgment Does Not Constitute Bad Faith in California
A Defending Insurer’s Reserving Rights and Seeking Declaratory Judgment Does Not Constitute Bad Faith in California
Commercial Crime Policy Covers Loss Involving Fraudulent Email Directing Employee to Make Payments
Commercial Crime Policy Covers Loss Involving Fraudulent Email Directing Employee to Make Payments
Sexual Misconduct Exclusion Eliminates Duty to Defend Civil Lawsuit
Sexual Misconduct Exclusion Eliminates Duty to Defend Civil Lawsuit
Insurer Owes Duty to Defend and Indemnify Nuisance Litigation
Insurer Owes Duty to Defend and Indemnify Nuisance Litigation
WARN Act Exclusion Bars Coverage for Breach of Fiduciary Duty Lawsuit
WARN Act Exclusion Bars Coverage for Breach of Fiduciary Duty Lawsuit
Date of Wrongful Acts, Not Harm Caused By Acts, Relevant Factor in Determining Application of Retroactive Date Exclusion
Date of Wrongful Acts, Not Harm Caused By Acts, Relevant Factor in Determining Application of Retroactive Date Exclusion
Ninth Circuit Holds Three Printing Errors Constitute Single Wrongful Act
Ninth Circuit Holds Three Printing Errors Constitute Single Wrongful Act
Excess “Other Insurance” Provision Does Not Relieve Insurer’s Duty to Defend
Excess “Other Insurance” Provision Does Not Relieve Insurer’s Duty to Defend
California Court Finds Insolvency Exclusion Ambiguous, Limits Application to Insolvency of Third Parties Other Than Claimant
California Court Finds Insolvency Exclusion Ambiguous, Limits Application to Insolvency of Third Parties Other Than Claimant
Exception to Insured v. Insured Exclusion for “Any Claim Brought by” Certain Former Directors Does Not Apply to Restore Coverage for Shareholder Derivative Action
Exception to Insured v. Insured Exclusion for “Any Claim Brought by” Certain Former Directors Does Not Apply to Restore Coverage for Shareholder Derivative Action
Insurer May Rescind Policy and Recoup Defense Costs Based on Insured’s Failure to Disclose Known Potential Claim
Insurer May Rescind Policy and Recoup Defense Costs Based on Insured’s Failure to Disclose Known Potential Claim
Multiple Acts of Legal Malpractice Alleged In A Single Lawsuit Constitute “Related Acts”
Multiple Acts of Legal Malpractice Alleged In A Single Lawsuit Constitute “Related Acts”
No Allocation for Defense Costs Incurred in Lawsuit Comprised of Covered and Uncovered “Claims”
No Allocation for Defense Costs Incurred in Lawsuit Comprised of Covered and Uncovered “Claims”
Single Lawsuit Comprised of Multiple “Claims”
Single Lawsuit Comprised of Multiple “Claims”
Coverage for Suit Arising from Settlement of Previous Litigation Not Barred by Prior and Pending Proceeding Exclusion
Coverage for Suit Arising from Settlement of Previous Litigation Not Barred by Prior and Pending Proceeding Exclusion
Insurer Entitled to Rescind Policy Due to Insured’s Failure to Disclose Contract Dispute and Potential Claim on Application
Insurer Entitled to Rescind Policy Due to Insured’s Failure to Disclose Contract Dispute and Potential Claim on Application
Negligent Misrepresentation Claim Not Barred By Exclusion for Dishonest Conduct
Negligent Misrepresentation Claim Not Barred By Exclusion for Dishonest Conduct
Consumer Protection Claims Not Barred By Antitrust Exclusion
Consumer Protection Claims Not Barred By Antitrust Exclusion
Lawsuits Concerning Same Housing Development Project Are Related Claims
Lawsuits Concerning Same Housing Development Project Are Related Claims
Insurer Entitled to Rescind Due to Misrepresentations on Application
Insurer Entitled to Rescind Due to Misrepresentations on Application
Ninth Circuit Holds that Excess Carrier May Challenge Allocation of Primary Carrier’s Settlement that Resolves Both the Underlying Claim and a Coverage Dispute
Ninth Circuit Holds that Excess Carrier May Challenge Allocation of Primary Carrier’s Settlement that Resolves Both the Underlying Claim and a Coverage Dispute
Ninth Circuit Affirms Contract Exclusion Bars Coverage for False Claims Act Lawsuit
Ninth Circuit Affirms Contract Exclusion Bars Coverage for False Claims Act Lawsuit
Whether Insured Misrepresented or Concealed Information in Application is a Fact Issue for Trial
Whether Insured Misrepresented or Concealed Information in Application is a Fact Issue for Trial
Pre-Policy Settlement Letter Deemed a “Claim,” Barring Coverage for Related Lawsuits
Pre-Policy Settlement Letter Deemed a “Claim,” Barring Coverage for Related Lawsuits
Despite Allegation that Law Firm Was Not Providing “Legal Advice,” Complaint Triggers Duty to Defend Under Lawyers’ Professional Liability Policy
Despite Allegation that Law Firm Was Not Providing “Legal Advice,” Complaint Triggers Duty to Defend Under Lawyers’ Professional Liability Policy
Ninth Circuit: Excess Carrier Not Entitled to Challenge Payment Decisions of Underlying Carriers
Ninth Circuit: Excess Carrier Not Entitled to Challenge Payment Decisions of Underlying Carriers
No Coverage for TPA in Claim Arising from Extracontractual Exposure to Insurer
No Coverage for TPA in Claim Arising from Extracontractual Exposure to Insurer
California Court Enforces Federal Forum Selection Provision For 1933 Act Claims
California Court Enforces Federal Forum Selection Provision For 1933 Act Claims
Pre-Policy Email Demanding Payment of Overdue Legal Fees is Not a Claim
Pre-Policy Email Demanding Payment of Overdue Legal Fees is Not a Claim
EPL Exclusions in D&O Policy Barred Coverage for Wage-and-Hour Class Action
EPL Exclusions in D&O Policy Barred Coverage for Wage-and-Hour Class Action
Ninth Circuit Holds That Alleged Misappropriation of Client Funds Triggers E&O Coverage, But No Bad Faith Where Insurer’s Denial Was Reasonable
Ninth Circuit Holds That Alleged Misappropriation of Client Funds Triggers E&O Coverage, But No Bad Faith Where Insurer’s Denial Was Reasonable
Alleged Errors In Employee Benefits Administration Potentially Trigger Fiduciary Liability Policy
Alleged Errors In Employee Benefits Administration Potentially Trigger Fiduciary Liability Policy
Class Actions Comprising Different Class Periods Causally and Logically Related
Class Actions Comprising Different Class Periods Causally and Logically Related
Insurer Must Advance Defense Costs as Incurred and Cannot Enforce Policy’s Defense Arrangement Consent Provision
Insurer Must Advance Defense Costs as Incurred and Cannot Enforce Policy’s Defense Arrangement Consent Provision
Notice Prejudice Rule Not Applicable to Claims-Made-And-Reported Policies
Notice Prejudice Rule Not Applicable to Claims-Made-And-Reported Policies
“May” and “Might” are Sufficiently Clear and Unambiguous to Support Rescission Claim
“May” and “Might” are Sufficiently Clear and Unambiguous to Support Rescission Claim
Exclusion for Wage and Hour Law Claims Limited to Laws Concerning Duration Worked or Remuneration Received in Exchange for Work
Assault and Battery Exclusion Bars Coverage for Negligence Action Arising from Stabbing at Concert
No Duty to Defend Claims Brought by California Attorney General Under Unfair Competition or False Advertising Laws
California Court Holds that “Wage and Hour Law” Limitations on Coverage Unambiguously Applied to Labor Code Violations
Letter to Insured Asserting Right to Patent Applications Constitutes a Claim Made Prior to D&O Policy Period
No Coverage Because of Late Notice and Undisclosed Prior Knowledge of Claim
Three Separate Policy Exclusions and Wrongful Acts Outside the Policy Period Bar Coverage for California False Claims Act Lawsuit
Insurer Lacked Conclusive Evidence of Insured’s Involvement to Trigger I v. I Exclusion; Insured’s Compromise of Favorable Judgment to Settle Multiple Suits Not a “Loss”
Specific Matter Exclusion Bars Coverage for Lawsuits Involving Same Parties as Lawsuit Included in Definition of “Specific Matter”
Insured Entitled to Independent Counsel Where Coverage Action Turns on Facts That Could be Used to Establish Underlying Liability
Two Lawsuits Based on Real Estate Broker’s Dual Representation of Buyers and Sellers in Same Transaction Arise from Same Wrongful Act
Application Did Not Require Insureds To Disclose Pre-Policy Claim When No Wrongful Acts Asserted
ERISA Exclusion Bars Coverage for Claims Arising From Denial of Employee’s Insurance Benefits
No Coverage for Wage and Hour Claims Under Labor Professional Liability Policy
Contract Exclusion Bars Coverage for Demand for Cost-Overrun Payment
Warranty Exclusion Bars Coverage Where Start-Up Made Material Misrepresentations in Application about Potential Acquisitions
Coverage Barred Because Causally Related Claims Deemed a Single Claim Under Earlier Policy
Claims Arising out of Insured’s Contractual Obligation to Provide Employee Benefits Plans Are Not Because of a Wrongful Act
Ninth Circuit Holds Section 533 and Financial Services Exclusion Do Not Bar Coverage for Alleged Mortgage Modification Scam
No Coverage for Whistleblower Action or Subpoena Noticed to Insurer After End of Policy Reporting Period
Fact Disputes Preclude Summary Judgment Over Insurer’s Failure to Provide Immediate Defense
Specific Circumstances and Prior Notice Exclusions Bar Coverage for Trustee’s Lawsuit Against Former Directors and Officers
Corporate Coverage Considerations: California Appellate Court Confirms Enforceability of Delaware Forum Selection Bylaws
Excess Insurer Not Bound by Primary Insurer’s Payment of Uninsurable Disgorgement Settlement
Two Class Action Lawsuits Are “Related,” Despite Different Plaintiffs and Different Time Periods
Professional Services Exclusion Precludes Coverage for False Claims Act Lawsuit
Court Holds Prior Acts Exclusion Bars Coverage for Securities Lawsuit
Ninth Circuit Holds Section 533 ‘Willful Acts’ Exclusion Does Not Bar Coverage for Alleged Violations of California False Claims Act
Tax Advice Was Not “Professional Services” Under Life Insurance Agents E&O Policy
Ninth Circuit Holds Excess Policy Unambiguously Required Exhaustion of Underlying Limits by Insurers Under Either New York or California Law
Regulatory Action Sublimit Unambiguously Applies to State Disciplinary Proceeding Against Life Insurance Agent
DOJ Investigation Constitutes Seven “Claims,” But Specific Litigation and Pending-Or-Prior Litigation Exclusions Bar Coverage
Ninth Circuit: Deceptive Business Practices Exclusion Does Not Bar Coverage for Kickback Suit
Ninth Circuit Affirms Allegations of Discrimination and Harassment Triggered Duty to Defend Class Action for California Labor Code Violations
Insurer May Rescind Policy Where Insured Failed to Disclose Pending Investigation
Prior Knowledge Condition Bars Coverage Where Insured was Warned of Negligence Claim Before Policy Incepted
Carve Out for Fines and Amounts Imposed by Statute Bars Coverage
Insured Fails to Allege Bad Faith Damages When Settlement Was Funded by Another Insurer
Failure to Pay Wages Not a “Wrongful Act”
Professional Services Exclusion Bars Coverage in Connection with Pipeline Explosion
Court Grants Summary Judgment to Insurer Based on Failure to Disclose Prior Claims in Application
Insurer’s Allegations that Declaratory and Injunctive Relief Are Not Covered Loss Survive Motion to Dismiss
Ninth Circuit Applies Invasion of Privacy Exclusion to Bar Coverage for TCPA Claims under D&O Policy
An Insured’s Prior Knowledge Precludes Coverage for Other Insureds Seeking Coverage; Prior Litigation Exclusion Applies to Arbitration Demand
Insured v. Insured Exclusion Bars Coverage When FDIC Acts as Receiver
No Crime Coverage for Social Engineering Fraud
Insurer Must Pay Defense Expenses in Appeal of Fraud Conviction
Deceptive Business Practices Exclusion Does Not Bar Coverage for Kickback Suit
Insured’s Failure to Obtain Insurer’s Consent Prior to Executing Settlement Term Sheet Precludes Coverage
No Coverage for California False Claims Act Suit
Insured v. Insured Exclusion Bars Coverage for Claim by FDIC Receiver Against Failed Bank’s Directors and Officers
No “Final Adjudication” Where Parties Settled After Court Issued Opinion But Prior to Judgment
Professional Services Exclusion Bars Coverage for False Claims Act Suit Against Online Education Servicer
Suit for Reimbursement of Beauty School Expenses Under California Labor Law Triggers Duty to Defend Despite Wage and Hour Exclusion
Subjective Standard Applies to Rescission of E&O Policy Based on Response to Application Question
Insured-versus-Insured Exclusion Deemed Ambiguous as Applied to FDIC as Receiver
Insurer Has a Duty to Defend Lawsuits Potentially Seeking Damages Not Flowing From a Contractual Obligation
Insured Stated Claim for Breach of Contract and Bad Faith Against Claims Administrator
Ninth Circuit Upholds Rescission of Crime Policies Based on Misrepresentation in Application
Insurer that Rejected Exception from Release Language Liable for Bad Faith Failure to Settle Despite Offering Policy Limits
Insured Required to Reimburse Defense Costs Paid by Insurer for Non-Covered Claim
Contract Exclusion Applies Where Insured Assumes Liability of a Third Party
Whistleblower Suit Alleging Violations of California False Claims Act Uninsurable Under California Law
Insurer Not Required to Produce Post-Litigation Claim File Documents
Contract and Willful Acts Exclusions Do Not Preclude Duty to Defend Tortious Interference and Copyright Infringement Claims
No Extrinsic Evidence Allowed Where Policy Language is Unambiguous
Seven Civil Lawsuits Constitute a Single Claim Subject to a Single Per-Claim Limit
No Coverage Under D&O Policy For Misrepresentations Regarding Mortgage-Backed Securities Because Not “Securities Of” the Insured
Court Dismisses Coverage Action Where Claims Were Made Before Policy Period and Barred by Prior and Pending Litigation Exclusion
Pre-Tender Defense Costs are Uncovered Voluntary Payments
Broad Lead-In Language Precludes Coverage for Lawsuit with Even Minimal or Incidental Relationship to Excluded Claims
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