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Coverage Alerts

1

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.

2

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.

3

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.

4

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.

5

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.

6

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.

7

A “Service of Suit Endorsement” which does not clearly designate an exclusive forum does not amount to a forum selection clause.

8

A cause of action against an insurer for negligence in the defense of a claim cannot be maintained where there is no duty to defend the claim.

9

Federal Court has jurisdiction over declaratory relief action where insurer is seeking reimbursement of amounts exceeding the amount in controversy and action is for money damages and not just for declaratory relief.

10

A mistaken belief in the legal right to build does not transform the intentional act of construction into an accident