Legal Analysis
Required Language in Coverage Letters - A 50-State Survey
April 3, 2023
Prevailed before the California Court of Appeal, First Appellate District, affirming summary judgment finding no duty to defend for a consumer class action under the “personal and advertising injury” provision of a commercial general liability policy because the Full Faith and Credit Clause of the U.S. Constitution operated to bar relitigation of a final judgment obtained in Florida.
Prevailed before the Florida Second District Court of Appeal, affirming summary judgment finding no duty to defend under the “personal and advertising injury” provision of a commercial general liability policy for an underlying class action alleging that insured falsely described its product as organic.
Prevailed before the United States District Court, Central District of California, finding that the policy’s TCPA exclusion precluded coverage for the entire underlying action.
Prevailed before the United States District Court, Central District of California, finding that the insurer had no duty to defend because claims that the insured has labeled its product as organic did not fall within the “personal and advertising injury” provision of the policy.
Prevailed before the United States District Court, District of Arizona, finding that the insurer had no duty to defend under a claims-made and reported policy as the insured failed to properly report the claim during the policy period and that a renewal of a claims-made and reported policy constitutes a separate and distinct contract.
Successfully tried a contribution case against a non-participating carrier for underlying defense and indemnity fees and costs.
Successfully arbitrated a binding arbitration regarding complex coverage issues in favor of the carrier and against an insured.
Prevailed in a rescission action in federal court against an insured subcontractor based on misrepresentations to the insurer.
Prevailed on a Motion for Judgment on the Pleadings in favor of an insurer and against a plaintiff seeking to recover attorney’s fees and costs against the insurer.
Obtained dismissals of insurers in bad faith and breach of the covenant of good faith and fair dealing actions.
Prevailed on a Writ of Mandate against a recalcitrant insurer regarding policy interpretation.
Prevailed before the California Court of Appeal, First Appellate District, affirming summary judgment finding no duty to defend for a consumer class action under the “personal and advertising injury” provision of a commercial general liability policy because the Full Faith and Credit Clause of the U.S. Constitution operated to bar relitigation of a final judgment obtained in Florida.
Prevailed before the Florida Second District Court of Appeal, affirming summary judgment finding no duty to defend under the “personal and advertising injury” provision of a commercial general liability policy for an underlying class action alleging that insured falsely described its product as organic.
Prevailed before the United States District Court, Central District of California, finding that the policy’s TCPA exclusion precluded coverage for the entire underlying action.
Prevailed before the United States District Court, Central District of California, finding that the insurer had no duty to defend because claims that the insured has labeled its product as organic did not fall within the “personal and advertising injury” provision of the policy.
Prevailed before the United States District Court, District of Arizona, finding that the insurer had no duty to defend under a claims-made and reported policy as the insured failed to properly report the claim during the policy period and that a renewal of a claims-made and reported policy constitutes a separate and distinct contract.
Successfully tried a contribution case against a non-participating carrier for underlying defense and indemnity fees and costs.
Successfully arbitrated a binding arbitration regarding complex coverage issues in favor of the carrier and against an insured.
Prevailed in a rescission action in federal court against an insured subcontractor based on misrepresentations to the insurer.
Prevailed on a Motion for Judgment on the Pleadings in favor of an insurer and against a plaintiff seeking to recover attorney’s fees and costs against the insurer.
Obtained dismissals of insurers in bad faith and breach of the covenant of good faith and fair dealing actions.
Prevailed on a Writ of Mandate against a recalcitrant insurer regarding policy interpretation.
Prevailed before the California Court of Appeal, First Appellate District, affirming summary judgment finding no duty to defend for a consumer class action under the “personal and advertising injury” provision of a commercial general liability policy because the Full Faith and Credit Clause of the U.S. Constitution operated to bar relitigation of a final judgment obtained in Florida.
Prevailed before the Florida Second District Court of Appeal, affirming summary judgment finding no duty to defend under the “personal and advertising injury” provision of a commercial general liability policy for an underlying class action alleging that insured falsely described its product as organic.
Prevailed before the United States District Court, Central District of California, finding that the policy’s TCPA exclusion precluded coverage for the entire underlying action.
Prevailed before the United States District Court, Central District of California, finding that the insurer had no duty to defend because claims that the insured has labeled its product as organic did not fall within the “personal and advertising injury” provision of the policy.
Prevailed before the United States District Court, District of Arizona, finding that the insurer had no duty to defend under a claims-made and reported policy as the insured failed to properly report the claim during the policy period and that a renewal of a claims-made and reported policy constitutes a separate and distinct contract.
Successfully tried a contribution case against a non-participating carrier for underlying defense and indemnity fees and costs.
Successfully arbitrated a binding arbitration regarding complex coverage issues in favor of the carrier and against an insured.
Prevailed in a rescission action in federal court against an insured subcontractor based on misrepresentations to the insurer.
Prevailed on a Motion for Judgment on the Pleadings in favor of an insurer and against a plaintiff seeking to recover attorney’s fees and costs against the insurer.
Obtained dismissals of insurers in bad faith and breach of the covenant of good faith and fair dealing actions.
Prevailed on a Writ of Mandate against a recalcitrant insurer regarding policy interpretation.