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Coverage Alerts

1

For purposes of awarding prejudgment interest, damages are certain when the allocation of indemnity turns solely on legal issues.

2

Trial court properly awarded punitive damages and Brandt fees in case where insurer engaged in clear pattern and practice of improperly refusing to defend additional insureds in construction defect cases.  However, trial court should have relied on prior contingency fee agreement instead of new, post-trial  hourly attorney fee agreement to determine appropriate Brandt fee award.

3

In continuous property damage coverage dispute, insured was not entitled to apply principles of vertical exhaustion to all of its policies regardless of policy language.

4

When discovery sought by insurer in coverage dispute with insured is related to issues affecting the insured's liability in an underlying liability case, such discovery must be stayed.

5

Title insurance policy issued to owner/seller of property did not cover loss where purchasers of foreclosed property later learned of a lien but insured seller did not provide any warranties as to title.

6

Federal Arbitration Act governed plaintiff's motion to vacate appraisal award arising out of an insurance policy involving interstate commerce.

7

Failure of insurer to consider additional information submitted in support of claim sufficient to raise triable issue of fact regarding the reasonableness of the insurer's conduct and defeat a summary judgment motion based on the genuine dispute doctrine.

8

Workers' Compensation insurer addressing workers' compensation claim is not limited to cancellation as remedy for misrepresentations made in an application, but may also seek rescission.

 

9

In the case of a "partial loss" under an open fire insurance policy, the insurer is obligated under Insurance Code section 2051 to pay reasonable cost to repair, less depreciation, and may not limit its payment to fair market value before the loss. 

10

Willful misconduct exclusion which did not apply to defense costs could not support demurrer in coverage action where underlying action was still pending on appeal.