Insurance Blog
Tips for Thorough Recorded Statements
Most insurance companies have a template of questions (recorded statement guide) for taking recorded statements, which is very useful. Even the most experienced statement takers can forget important questions in the heat of the moment. Moreover, having a template helps you learn from experience. If, for example, you discover later that you should have asked [...]
Not Your Usual Subrogation Claim
By Kevin Price
The typical subrogation case usually goes something like this: duty, breach, causation and damages. Once in a while, a contract with the adverse party provides a greater or better description of the duty, or a violation of a statute or code by the adverse party indicates negligence per se. Often there are issues of contributory [...]
Working with Interpreters
If you don’t understand a language spoken, how do you know if the interpreter is doing a good job? Interpretations should be as accurate as possible, with the answer in the first person. The truth is, it is difficult to know if the interpretation is completely accurate. Here are some key points that will help [...]
Recent California Cases of Note
By Larry Arnold
I have come across a few California cases that I thought you might find interesting. The amount listed in the declarations for “actual cash value” is a limit and does not create a “valued” property policy. In the case of George v. Automobile Club of Southern California ((2011) 201 Cal.App.4th 431), the Court of Appeal [...]
Courtroom Experience Reminds Me of a Seinfeld Episode
Do you remember the final episode of Seinfeld? In the courtroom was everyone the foursome had offended throughout the years. One after another, the witnesses came forward, reminding Jerry, George, Elaine and Kramer of all the selfish and dishonest (albeit funny) things they had done in past episodes of the show. I was reminded of [...]
Submission of Insurance Claims Not Always Protected Prelitigation Conduct Under First Amendment
In a new published opinion, the California Court of Appeal, Second Appellate District, upheld a trial court’s finding that submission of insurance claims may not constitute protected prelitigation conduct under the anti-SLAPP law. In People ex rel. Fire Insurance Exchange v. Anapol, attorney Neil Anapol represented insureds who submitted claims arising from Southern California wildfires. [...]
California Court of Appeal Upholds No Duty to Defend Trademark Infringement Claim Where No Disparaging Acts Are Alleged
Hartford Casualty Insurance Co. v. Swift Distribution Inc., B234234, Oct. 29, 2012 Background Hartford Casualty Insurance Co. (Hartford) issued a general liability insurance policy including advertising injury coverage to Swift Distribution Inc. (Swift). The policy provided that Hartford would defend and indemnify Swift against any claims for damages resulting from the publication of material that [...]
Insurance Claim Denial Based on Untimely Proof of Loss
By Larry Arnold
In the recent case, Henderson v. Farms Group, Inc. (2012) D.J.D.A.R. 14801, the Court was confronted with the question of whether an insurer could deny a claim based upon an insured’s failure to file a proof of loss within the time limits required by the policy. The Court found, in accordance with prior case [...]
Issue Spotting
By Kevin Price
Most insurance companies have a strong staff of property adjusters with heavy case loads. Sometimes they find that a case with good subrogation potential will slip through the cracks because evidence was not property preserved, or potentially adverse parties were not promptly notified of the loss. Unfortunately, either misstep can give rise to a defense [...]
Virtual EUO Testimonial
Technology innovation continues at Cummins & White. Attorneys can now conduct Examinations Under Oath online and in real time, eliminating costly and time-consuming travel. Insurance attorney Melody Mosley recently utilized the virtual service to conduct an EUO with parties in three locations. The insured was in Malaysia at a video conferencing center; Melody, her client, [...]
When is a Tenant an Implied Co-Insured?
By Kevin Price
How about this one for creating an awkward silence at a cocktail party: “Everyone knows that an insurance company can’t usually subrogate against its own insured.” Depending on the audience, the conversation often goes downhill from there. The issue of “who is an insured” doesn’t usually arise at a cocktail party, but often does when [...]
Like a Good Neighbor
We often talk about what happens when a common fence blows down but we rarely talk about what happens when, against his neighbor’s wishes, one neighbor cuts down a tree growing on the property line. The Soneses found themselves on the unfortunate end of this situation when they cut down an Aleppo pine tree that, [...]
Will a Policy Exclusion or Limitation for Increased Costs of Construction Due to Changes in Building Codes Limit Recovery for Building Losses in California?
By Larry Arnold
According to the Ninth Circuit, in the unpublished opinion of Sierra Pacific Power Company v. Hartford Steam Boiler, perhaps not. The Ninth Circuit found that the policy exclusion exclude damages caused by the peril of building ordinances, but not the increased construction costs caused by intervening building ordinances when the loss itself was caused by [...]
Do Liability Insurers Owe Coverage for a Building Owner Against Claims for Inhabitability of an Apartment Complex?
Not if the facts establish that the owner had constructive knowledge as to how the apartment complex was being managed. Moreover, the insured owner cannot hide behind a status as an “innocent co-insured” if the facts establish the owner is in a position to learn about the management style and condition of the property so [...]
Insurance Companies Required to Pay Overtime to Adjusters
A California court has ruled insurance companies must pay their insurance adjusters overtime. Pursuant to Wage Order 4-1998 and Wage Order 4-2001, regulations promulgated by California’s Industrial Welfare Commission (ICW), as well as the Eight-Hour-Day Restoration and Workplace Flexibility Act of 1999 employers do not have to pay overtime to administrative employees. Interpreting the statute and [...]
Examination Under Oath—How Long Is Too Long?
How long will my examination under oath take? This is a frequent question, but the answer is not easy. Really, it all depends. Typically, EUOs take a few hours and are longer depending upon the number of items claimed. Other factors, such as the personality of the witness, come into play as well. For example, [...]
Insurance Matters
By Kevin Price
It is an honor to kick off the newest Blog penned by the lawyers at Cummins & White. Joining the Construction and Estate Planning Groups the Insurance Group will post articles, essays and case studies on matters of insurance law and current events. We hope to educate, inform and entertain our clients, potential clients, and [...]
When Does Insurance Cover Faulty Workmanship?
Usually, commercial general liability (“CGL”) policies do not cover a contractor for property damage due to the contractor’s own faulty workmanship. As one California court summarized: “Generally liability policies … are not designed to provide contractors … with coverage against claims their work is inferior or defective…. Rather liability coverage comes into play when the [...]
