Insuralex´s exclusive member in California writes about the notice-prejudice rule. August, 2019  By Andrew B. Downs When it comes to insurance coverage, one cue to the court’s feelings about an issue is whether it views that issue as a “technicality.” When that happens, good things rarely result. Another cue is when the case turns on an
In a case that ought to remind us that there are few limits to the creativity of the policyholder bar, and that if a course of action seems too cute, it probably is, the California District Court of Appeal used the Uniform Voidable Transactions Act to invalidate a policyholder’s release of extracontractual claims. Potter v.
Nederlandse Industrie Van Eiprodukten v RembrandtEnterprises Inc [2019] EXCA Civ 596 Court of Appeal restates the law of fraudulent misrepresentation and the principle of transferred loss This appeal raised two important issues in relation to fraudulent misrepresentation and the scope of the principle of ‘transferred loss’. Background The case arose out of the avian flu
  Insuralex U.S. Seminar on Cutting-Edge Legal Issues: Cannabis Law – Primer and Law Update. Bad Faith Law Update: “Just Over the Horizon? Emerging Threats from the Policyholder Bar.” “Insurance Coverage and Business Issues arising out of the #MeToo Movement”. Cyber Threats and Data Protection: A Look at Current, Evolving and Potential Cyber Exposures.Insurance coverage.