The California Court of Appeals recently held that an excess judgment was not a necessary element to an equitable subrogation claim brought by an excess insurer against a primary insurer when the primary insurer failed to settle the underlying case. In ACE American...
Month: April 2017
THE 10TH CIRCUIT COURT OF APPEALS FINDS THAT COLORADO’S “FAIRLY DEBATABLE” DEFENSE IS NOT ABSOLUTE
In The Home Loan Investment Co. v. St. Paul Mercury Ins. Co., 827 F.3d 1256 (10th Cir. 2016), the Tenth Circuit Court of Appeals held that a property insurance company's denial of a fairly debatable claim was not per se reasonable. The insurer, St. Paul Mercury Ins....
INSURANCE COMPANIES HAGGLING OVER RELEASE LANGUAGE CAN RESULT IN BAD FAITH LIABILITY
In Barickman v. Mercury Cas. Co., 2 Cal.App.5th 508, 206 Cal.Rptr.3d 699 (2d Dist. 2016), an insurance company's refusal to consent to additional release language which was designed to preserve the claimant's rights to receive criminal restitution from the insured...
THE MONTANA SUPREME COURT FINDS THAT A POLICY’S EARTH MOVEMENT EXCLUSION WAS NOT LIMITED TO DAMAGES CAUSED BY SOIL MOVEMENT AND FINDING THAT DAMAGE CAUSED BY A FALLING BOULDER WAS EXCLUDED
In Parker v. Safeco Ins. Co. of America, 384 Mont. 126, 376 P.3d 114 (Mont. 2016), the Montana Supreme Court affirmed the trial court's grant of summary judgment for the insurance company that denied coverage for "earth movement" when the insured's cabin was damaged...