Duty to Defend Triggered by the Peculiar Risk Doctrine
In Amer. States Ins. v. Progressive Casualty Ins., 180 Cal. App. 4th 18 (2009), the California Court of Appeal addressed the “peculiar risk” doctrine in the context of an insurer’s duty to defend....
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Bad Faith Liability May Be Premised on an Insurer’s Failure to Effectuate...
The Ninth Circuit Court of Appeals in a recent decision held that an insurer’s duty of good faith and fair dealing, which is implied in every contract of insurance, may be violated by the insurer’s...
View ArticleThe Ninth Circuit Amends Opinion in Du v. Allstate removing policyholder...
We recently wrote about a policyholder friendly opinion by the Ninth Circuit Court of Appeals that seemingly held that an insurer’s duty of good faith and fair dealing, which is implied in every...
View ArticleAlas, A Very Hot Issue in California Insurance Law is Decided (At Least for...
One of the hottest issues in California insurance law has been whether a breach of the good faith duty to settle can be found in the absence of a within-policy-limits settlement demand, thus giving...
View ArticleWant to Open Up the Policy Limits on a Policy? Try Making a Section 998 Offer...
Can a pretrial California Code of Civil Procedure section 998 offer to settle above an insurer’s policy limits result in opening up a policy’s liability limits? Interestingly, a California Court of...
View ArticleCan an Insurer Escape Bad Faith Liability When it Unreasonably Forces an...
In a very good ruling for policyholders, the California Court of Appeal ruled that an insurance company cannot escape insurance bad faith liability by forcing a claimant to arbitrate his claim without...
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