Coverage Alerts

Full Amount of Non-Covered Settlement Payment Recoverable From Insureds Who Are Jointly And Severally Liable.

In a unanimous decision, the California Supreme Court holds attorney-directed witness statements are entitled to at least qualified work product protection, but names of witnesses interviewed are not automatically protected.

Where an insurer’s conduct effectively precludes an insured from complying with a policy condition, the insurer is estopped from relying on that condition to deny coverage.

Determination of "insured" status is appropriately made during proceeding to compel arbitration.

Amendments to Civil Code § 2782 and Addition of §§ 2782.9, 2782.95 and 2782.96 Relating to Indemnity.

Courts will give effect to a “designated persons endorsement” contained in an auto policy which provides that a non-relative resident of the named insured’s household is afforded uninsured motorist benefits only while that person is occupying or operating a vehicle listed in the policy declarations.

Extended replacement costs coverage above the original policy limits did not constitute “courtesy benefits” but, rather, the limits the carrier was contractually bound to pay under the terms of a homeowners policy.

Because an insured who routinely leased trailers for profit was “engaged in the business of renting or leasing motor vehicles without operators,” the priority of coverages is controlled by the conclusive presumption of California Insurance Code § 11580.9, former subdivision (b).

The surviving spouse of a deceased insured under a health insurance policy had no separate and individual tort claim based upon the policy.

Where a homeowners policy excludes coverage for losses due to a third party’s negligent conduct when such conduct interacts with an excluded peril, an excluded loss resulting from a contractor’s  negligent defective workmanship is not covered.