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
Tagged under: , , ,

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
Tagged under: , , , ,

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
Tagged under: , , , ,

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
Tagged under: , , , , , ,

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
Tagged under: , , ,

Significant California Decision Enforcing Statutory Prohibition on Liability Coverage for Willful Acts

  California has long had a statutory prohibition of insurer liability for a policyholder’s willful acts in Insurance Code § 533. On April 19th California’s First District Court of Appeal held
Tagged under: , ,

Our Exclusive Member in California Co-edits the Third Edition of the ABA’s Property Insurance Litigator’s Handbook

Our Exclusive Member in California Co-edits the Third Edition of the ABA’s Property Insurance Litigator’s Handbook Bullivant Houser Shareholder Andy Downs is one of the three co-editors of the third
Tagged under: , , ,

Insuralex chooses Bullivant Houser Bailey PC as its exclusive member in Washington

Insuralex chooses Bullivant Houser Bailey PC as its exclusive member in Washington Bullivant Houser, a U.S. West Coast-based law firm providing legal services in the area of insurance law and
Tagged under: , ,

Historic 2020 Wildfires Spark Proposed Insurance Coverage and Bad Faith Legislation in Oregon

The wildfires that ripped through Oregon in September of 2020 caused unprecedented damage, and sparked legislation that would expand property coverage and look to create a bad faith cause of
Tagged under: , , ,

Nevada Gets on the “Buss,” Adopts Insurer Right of Reimbursement for Uncovered Defense Costs

The Nevada Supreme Court, in a 4-3 decision, has concluded a liability insurer is entitled to reimbursement of defense costs when there is no overage and the insurer reserved in
Tagged under: , ,