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

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

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

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

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.
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