Why Does The Pollution Exclusion in California Insurance Policies Exclude Asbestos Building Contamination But Not Pesticide Building Contamination?

Posted in: Case Updates, Commercial General Liability Insurance, Duty to Defend, Homeowners Insurance, Insurance Bad Faith, Legal Articles, Policy Interpretation, Property & Casualty Insurance August 22, 2011

According to a recent California appellate court decision, a contractor’s negligent release of asbestos fibers during the removal of asbestos-containing acoustical spray in a condominium complex is excluded by the pollution exclusion in a homeowner association’s property and liability policy, …

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New ED CA Decision is a Feast of First-Party and Third-Party Insurance Coverage and Bad Faith Principles

Posted in: Case Updates, Commercial General Liability Insurance, Duty to Defend, General Liablity, Insurance Bad Faith, Policy Interpretation, Property & Casualty Insurance March 15, 2011

Every now and then a court decision comes along that is a virtual one-stop shop for basic insurance coverage and bad faith principles—a primer for newbie insurance attorneys and a refresher for seasoned litigators.  Chief Judge Anthony Ishii’s recent decision …

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California Supreme Court Extends CGL Insurer's Duty to Defend "Suits" To An Administrative Proceeding

Posted in: Case Updates, Commercial General Liability Insurance, Duty to Defend November 24, 2010

In a closely watched case the California Supreme Court recently expanded the scope of a comprehensive general liability insurer’s (CGL) duty to defend “suits” to an adjudicative proceeding before the former United States Department of Interior Board of Contract Appeals …

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Ninth Circuit Issues Strong Decision Emphasizing Insurer's Obligations Regarding the Duty to Defend Insureds in Slogan Infringement Action

Posted in: Commercial General Liability Insurance November 17, 2010

In an important decision favoring policyholders, the Ninth Circuit recently discussed the breadth of an insurer’s duty to defend its insured under California law, even where no potentially covered causes of action are alleged in the underlying complaint. The Ninth …

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In a Case of First Impression, California Court of Appeal Extends the Duty to Defend Under a CGL Policy

Posted in: Case Updates, Commercial General Liability Insurance, Duty to Defend, News August 05, 2010

Commercial General Liability (“CGL”) policies that cover personal injury and property damage require CGL carriers to defend “suits,” typically defined to mean “a civil proceeding in which damages . . . to which this insurance applies are alleged.”  A question …

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