Month: April 2017

CALIFORNIA COURT OF APPEALS FINDS THAT AN EXCESS INSURER CAN SUE A PRIMARY INSURER FOR BAD FAITH FAILURE TO SETTLE UNDER AN EQUITABLE CONTRIBUTION THEORY TO RECOVER THE EXCESS INSURER’S CONTRIBUTION TO SETTLEMENT OF A CLAIM AGAINST THE INSURED

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...

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...

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