Insurance claims have evolved because of COVID, and insurance companies are using COVID-19 to their advantage. Impact on insurance claims because of COVID Coverage for intravenous (IV) administration or prophylactic infusion of an antibiotic, antifungal, antiparasitic or antiviral agent when administered in conjunction with inpatient hospital care can be excluded from insurance claims. This is […]
How to Navigate Insurance Coverage Litigation
Litigation is a process that can be difficult to navigate, but it doesn’t have to be. Insurance coverage litigation varies from case to case and depends on the specific situation of each plaintiff or defendant. There are many different types of insurance claims including medical malpractice, product liability, construction defects, premises liability and more. In […]
How an Attorney Can Help with Insurance Defense
Insurance defense attorneys are lawyers that specialize in defending those who have been wrongfully accused of insurance fraud. They help individuals and businesses with claims that involve a violation of the law or liability under an insurance policy. Insurance defense is a very specialized area of the law, which is why it’s best to hire […]
How to Navigate Insurance Liability
Insurance coverage is essential for professionals running any type of business. This protection is necessary to avoid costly losses from property damage and theft. But it’s also vital for litigation protection. With liability insurance, you have someone fighting for you if a client sues you or your company. Business Liability Insurance Overview Liability insurance for […]
How Do I Receive Workers Comp After Being Injured on the Job?
Workers’ Compensation Insurance is designed to provide specific medical care and replace some lost income to employees who’ve been hurt on the job. But to get workers comp benefits, you need to follow the rules. In California, the Department of Industrial Relations oversees those rules and regulations. Learn more about workers’ comp and what you […]
Retrial Ordered Because Jury Instruction Improperly Shifted The Burden Of Proof.
In an action by an insured against an insurance company which denied a claim, plaintiff requested that the trial court give a standard jury instruction explaining that, when a loss is caused by a combination of covered and excluded risks, the loss is covered if the most important or predominant cause is a covered risk. (CACI No. 2306.) Defendant instead proposed a special jury instruction placing on plaintiff the burden of proving the collapse of the house was “caused only by one or more” of the perils listed in the policy, and that there was no coverage if the cause of the collapse involved any peril other than those listed.
Parents Did Not Include Teenaged Daughter In Insurance Policy On Car Exclusively Driven By Her.
While driving a GMC pickup truck owned by her father, a 17-year-old got into an accident. However, even though the daughter was the only one to drive the pickup, the father had excluded his daughter from insurance coverage in order to save money on premium payments. The daughter’s mother, who is the ex-wife of the father, had insurance on her own vehicles, but not the GMC.
Previously We Reported: Insurance Company Can Require Insured To Obtain Its Consent Before Assigning Interest In Policy.
One Fluor Corp. assigned its rights under liability policies to another Fluor Corp. when they underwent complex corporate restructuring. In a declaratory relief action, the liability insurer objected that its approval was not given pursuant to a consent to assignment provision in the policy. Fluor contended the provision was void under an 1872 statute which […]
Structured Settlement Protection Act Applied.
The trial court approved transfer of structured settlement payments to a factoring company and ordered the payor insurance company to send the funds directly to the factor, and the insurance company appealed. The Structured Settlement Protection Act [SSPA; Insurance Code section 10134 et seq.] was passed to protect structured settlement payees from exploitation by factoring […]
Payback To Insurance Company After It’s Ordered To Pay Cumis Counsel To Defend Its Insured, And It Claims Cumis Counsel Padded The Bills.
The question tackled by the California Supreme Court here is that after an insurance company is compelled by a court order to provide independent counsel to defend its insured in a third-party action pursuant to San Diego Federal Credit Union v. Cumis Ins. Society, Inc. (1984) 162 Cal.App.3d 358 [208 Cal.Rptr. 494], and the insurer […]
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