Year: 2022

FRACKING WELL FIRE IS NOT AN AUTO-RELATED CAUSE

In Carolina Casualty Insurance Co. v. Burlington Insurance Co., 951 F.3d 1199 (10th Cir. 2020), the 10th Circuit Court of Appeals, applying Wyoming law, held that a fire at a fracking wellsite did not arise from an employee’s auto-related conduct. In this case, Jason...

CALIFORNIA COURT OF APPEALS REFUSES TO EXPAND THE TRIGGER FOR WHEN “CUMIS” COUNSEL IS REQUIRED UNDER CALIFORNIA CIVIL CODE §2860

Under California Civil Code §2860 (hereafter, “§2860”), insureds have a right to obtain independent counsel at the insurer’s expense whenever there are competing interests that create an ethical conflict for the insurer-appointed counsel.  Since enactment, the...

STEPPING DOWN INTO FELONY FLIGHT

Recently, the South Carolina Supreme Court held that a “step-down” clause within an automobile liability policy was void.  In Nationwide Mutual Fire Insurance Co. v. Walls, _____ S.E.2d _____, 2021 WL 908511 (S.C. 2021) the insured was in the process of committing a...

Categories

Archives