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Coverage Alerts


Insurer not liable to reimburse for cost of repairs incurred by insured to prevent imminent insurable damage.


Stipulated judgment could not be relied on to prove plaintiff's damages where insurer was defending at time of stipulated judgment.


Nevada Supreme Court answers certified questions finding (1) Nevada law requires an insurer to provide independent counsel [Cumis counsel]when a conflict of interest arises between it and its insured, and (2) a reservation of rights does not necessarily create such a conflict.


In overruling its prior decision in Henkel Corp. v. Hartford Accident & Indemnity Co. (2003) 29 Cal. 4th 934, the California Supreme Court ruled that, under Insurance Code Section 520, policy benefits can be assigned without the insurer's consent after a loss has occurred, regardless of whether the policy contains a consent to assignment clause.


California Supreme Court answers in the affirmative the narrow question of whether an insurer may seek reimbursement directly from independent counsel when the insurer has paid counsel's bills in compliance with a court order which preserved the insurer's post-underlying litigation right to recover "unreasonable and unnecessary amounts" paid.


Insurer with superior equities may recover, based on equitable subrogation, from party owing contractual indemnity obligation to insured.


Summary judgment based on known loss provision was improper where insurer failed to present sufficient evidence that insured, prior to issuance of policy, was aware of property damage for which indemnity was sought


Trial court erred in ordering appraisal which required appraisal panel to assign loss values to items that may not have been damaged or never existed


 Declaratory relief action concerning allocation of defense fees is premature when insured's potential liability is unknown


Expenses incurred by insured in retrieving barrels of oil from ocean not covered under ocean marine policy as no oil leaked from the barrels, and thus there was no discharge, dispersal, release or escape of pollutants