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

Thursday, 21 April 2022 by Insuralex
  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 section 533 precludes coverage for lead paint manufacturers’ public nuisance liability arising out of their promotion of lead paint for residential use while knowing the
  • Published in Bullivant Houser Bailey PC, News + Articles
Tagged under: Insuralex California, Insurance Lawyers California, Statutory Prohibition on Liability Coverage

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

Thursday, 10 February 2022 by Insuralex
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 edition of the Property Insurance Litigator’s Handbook published by the ABA’s Tort, Trial & Insurance Practice Section. He was also a co-editor of the first
  • Published in Bullivant Houser Bailey PC, News + Articles
Tagged under: ABA property insurance litigator handbook, Insuralex California, Insurance attorneys California, Insurance Lawyers California

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

Monday, 07 February 2022 by Insuralex
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 related litigation, announced that it has become the exclusive member firm in Washington for the Insuralex Global Insurance Lawyers Group, the world’s leading insurance and
  • Published in Bullivant Houser Bailey PC, News + Articles
Tagged under: Insuralex Washington, Insurance Attorneys Washington, Insurance Lawyers Washington

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

Tuesday, 20 April 2021 by Insuralex
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 action in Oregon.    HB 3272 seeks to amend ORS 742.230 to require several changes to property coverage provided in homeowner policies – if passed, among
  • Published in Bullivant Houser Bailey PC, News + Articles
Tagged under: bad faith legislation Oregon, Insuralex California, Insurance attorneys California, Insurance Lawyers Oregon

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

Wednesday, 17 March 2021 by Insuralex
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 writing its right to seek reimbursement. Nautilus Ins. Co. v. Access Medical, LLC, 137 Nev. Adv. No. 10 (3/11/2021) was a  case in which the
  • Published in Bullivant Houser Bailey PC, News + Articles
Tagged under: ight of Reimbursement for Uncovered Defense Costs Nevada, Insuralex Nevada, Insurance attorneys Nevada

WHAT DID SANTA LEAVE FOR PROPERTY INSURERS? New California Laws Affecting Property Claims in 2021

Thursday, 07 January 2021 by Insuralex
Every year, it seems, the California state government leaves “gifts” for property and casualty industry. The 2020 legislative session was no exception. Most new legislation takes effect on January 1, some takes effect immediately, and some does not become operative until July 1, 2021.    This year’s “gifts” included new statutory language applicable when a
  • Published in Bullivant Houser Bailey PC, News + Articles
Tagged under: Insuralex California, Insurance attorneys California, Property law California

Actual Knowledge or Awareness That Product is Sold in Washington Required for Personal Jurisdiction Based on Stream of Commerce

Wednesday, 22 July 2020 by Insuralex
On July 13, 2020, the Washington court of appeals issued the third in a trilogy of decisions regarding whether a showing of actual knowledge or awareness that a product is sold in Washington is necessary to support personal jurisdiction in stream-of-commerce cases. In Noll v. American Biltrite, Inc., Case No. No. 77888-9-I, 2020 WL 3960362 (Wash.
  • Published in Bullivant Houser Bailey PC, News + Articles
Tagged under: Insuralex California, Insuralex Washington, Insurance attorneys California

California Legislators Attempt to Create Business Income Coverage for COVID-19 by Reversing Burdens of Proof

Tuesday, 14 July 2020 by Insuralex
One of the less exciting components of litigation is the burden of proof. The lack of excitement, however, masks its importance. In many instances, which party is assigned the burden of proof determines the outcome – the party with the burden of proof loses. Some members of the California legislature are using this reality to
  • Published in Bullivant Houser Bailey PC, News + Articles
Tagged under: California Business Income Coverage for COVID-19, Insuralex California, Insurance attorneys California, Insurance Lawyers California

California court revisits “Genuine issue doctrine” Applicability to consultant opinions

Friday, 12 June 2020 by Insuralex
Andrew B. Downs In California, an insurer breaches the implied covenant of good faith and fair dealing when it unreasonably and without proper cause deprives the policyholder of contractual benefits. For about twenty years, insurers in California have been able to use the existence of a “genuine issue” as to coverage as a ground for
  • Published in Bullivant Houser Bailey PC, News + Articles
Tagged under: Bullivant Insurance Attorneys, California Genuine issue doctrine, Insuralex California, Insurance attorneys California

Insuralex´s Exclusive Member in California recommended as a leading firm in chambers USA 2020 survey

Friday, 24 April 2020 by Insuralex
Bullivant attorneys Andrew Downs and Thomas Hutchinson have been recognized as ranked lawyers in the latest edition of Chambers USA: America’s Leading Lawyers for Business (2020). Andrew Downs is ranked in California in the area of insurance law and Thomas Hutchinson is ranked in Oregon in the area of general commercial litigation. The Chambers guide, described as the most
  • Published in Bullivant Houser Bailey PC, News + Articles
Tagged under: Chambers ranked attorneys California, Insuralex California, Insurance attorneys California
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