California Supreme Court limits policyholder illusory coverage arguments

Policyholders often contend a limitation or exclusion of coverage in an insurance policy is “illusory” and thus should not be enforced. On August 8, the California Supreme Court ruled that
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California Changes Summary Judgment Rules for 2025

On July 15, Governor Newsom signed AB 2049, which changes the rules for summary judgment motions in state court effective January 1, 2025. While there are a number of deadline
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Carlos Sucre Elected President of Insuralex

Insuralex is pleased to announce that Carlos Sucre, (Sucre | Arias | Reyes, Exclusive Insurance law firm member in Panama) was recently designated as president of Insuralex, during its annual
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Class action Lawsuits in the United States against insurance companies

In the United States, it is now somewhat common for an insured-claimant, seeking to be designated as class representative, to initiate a putative class action lawsuit against an insurance company,
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The Oregon Supreme Court issues insurers a lump of coal

In the long-awaited opinion of Moody v. Oregon Community Credit Union, issued December 29, 2023, the Oregon Supreme Court, split 4-3, announced that the plaintiff pleaded facts sufficient to give
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California Court rejects application of pollution exclusion to property owner’s COVID-19 claim

A panel of California’s Second District Court of Appeal ruled this week that pollution exclusions in a shared-and-layered property insurance program did not apply to alleged losses arising out of
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COVID-19 is not a Direct Physical Loss Covered by Property Insurance Policies

Nevada Supreme Court Holds COVID-19 is not a Direct Physical Loss Covered by Property Insurance Policies Andrew B. Downs Last week policyholders discovered there is no silver lining in the
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Nevada outlaws self-eroding liability insurance policies

Nevada outlaws self-eroding liability insurance policies Nevada has enacted a statute which prohibits liability insurers from issuing self-eroding, or defense within limits, policies. Nevada is the first state to prohibit
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California Supreme Court Refines Rules of Policy Interpretation

Last week the California Supreme Court issued its long-awaited decision in Yahoo, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa. While the immediate issue before the court was
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The Unintended Insurance Consequences of California’s New Firearms Law

CALIFORNIA GOES TO TEXAS: THE INSURANCE CONSEQUENCES OF CALIFORNIA’S ADOPTION OF A PRIVATE RIGHT OF ACTION AGAINST FIREARMS MANUFACTURERS, DISTRIBUTORS AND SELLERS Andrew B. Downs On July 22 California Governor
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