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Coverage Alerts

1

Policy provisions limiting recovery to insureds who suffer bodily injury do not contravene Nevada’s uninsured/underinsured motorist statutory scheme.

2

Supreme Court reverses Court of Appeal: assault and battery motivated by an insured’s unreasonable belief regarding need for self-defense does not result in injuries from an “accidental” act under homeowner’s liability policy.

3

 Insurer’s failure to meaningfully negotiate in mandatory settlement conference is not basis for sanctions.

4

Although an insurer has an implied-in-law duty to defend an entire “mixed” action, this does not mean the insurer has an obligation under a supplemental payments provision to pay costs that can be attributed solely to uncovered claims.

5

Insurer does not subject itself to either general or specific jurisdiction in California by merely accepting premium payments from California or processing and paying claims submitted by an insured for services rendered in that state.

6

Health and Safety Code § 1527.3(a) limits the obligations of the Foster Family Home and Small Family Home Insurance Fund (“the Fund”) to pay claims filed by foster children and excludes coverage for “any” criminal acts regardless of whether or not the act was committed by a foster parent.

7

An insurer’s obligation of equitable contribution for defense costs arises where, after notice of litigation, a diligent inquiry by the insurer would reveal a potential exposure to a claim for such contribution.

8

An insurer’s obligation of equitable contribution for defense costs arises where, after notice of litigation, a diligent inquiry by the insurer would reveal a potential exposure to a claim for such contribution.

9

California Insurance Code § 758.5 does not require an insurer to pay 100 percent of reasonable repair costs incurred at an auto repair facility of the insured’s choosing.

10

The California Supreme Court held that the “made-whole rule” does not include liability for attorney fees incurred by the insured in obtaining compensation from a third party tortfeasor.