Property Insurers May Be Liable to Owners for Loss of Rents Resulting from Damaged Property

On Behalf of | Sep 25, 2013 | Breach of Contract, Case Updates, Firm News, Insurance Bad Faith, Policy Interpretation, Property & Casualty Insurance

Commercial property owners may recover lost rental income from their insurer if they are unable to rent out damaged property, absent clear policy exclusions.  The California Court of Appeal recently held the owner of commercial property has a reasonable expectation of...

California Court of Appeal Finds That a 10:1 Ratio Between Punitive Damages and Compensatory Damages Awards Satisfies Due Process

On Behalf of | Sep 6, 2013 | Breach of Contract, Case Updates, Disability Insurance, Disability Insurance News, Firm News, Insurance Bad Faith, Insurance Litigation Blog, Punitive Damages

A 10-to-1 ratio of punitive damages to compensatory damages awards in an insurance bad faith case passes Constitutional muster.  So says the California Court of Appeal in its decision in Nickerson v. Stonebridge Life Insurance Company, __ Cal. App. 4th ___, 2013 Cal....

Insurer’s General Reservation of Rights Does Not Entitle Insured to Cumis Counsel

On Behalf of | Sep 5, 2013 | Directors & Officers Insurance, Duty to Defend, Firm News, Policy Interpretation, Property & Casualty Insurance

In a recent ruling, the California Court of Appeal held that an insurer’s general reservation of rights to deny coverage of damages outside its policy does not create a conflict of interest with the insured, such that the insured in entitled to Cumis counsel.  The...