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ARTICLE · 29 JUNE 2017

Insurance Coverage & Bad Faith Newsletter

Lewis Brisbois Bisgaard & Smith LLP
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The California and federal courts have issued a broad array of decisions for the Spring of 2017.

United StatesInsurance
Michael Velladao
Michael Velladao
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Editor's Welcome

The California and federal courts have issued a broad array of decisions for the Spring of 2017. Excess insurers should beware of primary insurers bearing reasonable settlements in excess of limits. A D&O insurer is required to defend the appeal of a criminal conviction if the plain language of their willful misconduct exclusion includes a exception for defense. Open fire policies under the California Insurance Code require payment for the cost of repairing a fire damaged kitchen even when such cost exceeds the fair market value of a home. Under California law, an insurer does not have the discretionary authority to deny benefits under an ERISA plan policy. Yes, a workers' compensation policy may be rescinded pursuant to the California Insurance Code. Finally, the United States Ninth Circuit Court of Appeals has certified a question regarding equitable indemnity under Arizona law to the Arizona Supreme Court.

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