Group Life Insurer’s Literal Policy Interpretation Penalizing Insured for not working on Paid Holiday Rejected

On Behalf of | Sep 8, 2015 | Breach of Contract, Case Updates, Firm News, Life Insurance, Policy Interpretation

Group life insurance policies often have confusing language about when they become effective. A trial court recently interpreted one to mean that the policy had not become effective to a full-time employee, though he was already eligible for the coverage, because he...

ERISA Will Not Pre-Empt State Law Claims Under an Individual Conversion Policy

On Behalf of | Sep 3, 2015 | Bad Faith, Breach of Contract, Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog

In an important victory for claimants, a United States District Court recently determined that a plaintiff who obtained an individual disability insurance policy through a conversion provision in an ERISA plan can pursue remedies in a state court under the newly...

What’s a Policyholder to Do? California Court Permits “Conditional Judgment” Awarding Replacement Cost to Policyholders

On Behalf of | Dec 11, 2014 | Breach of Contract, Case Updates, Firm News, Insurance Bad Faith, Property & Casualty Insurance

When a covered property is damaged, the insured may face a quintessential Catch-22—the insured cannot afford to proceed with costly repairs or replacement without insurance money, but until the repairs or replacements are finished, the insured cannot recover under the...

Insurers Have a Duty to Defend Where a Complaint Could Be Fairly Amended to State a Covered Liability; California Supreme Court Clarifies Duty to Defend Disparagement Claims Under Advertising Injury Coverage

On Behalf of | Jun 20, 2014 | Breach of Contract, Case Updates, Firm News, Insurance Bad Faith

An insurer has a duty to defend even if the causes of action in a lawsuit are not expressly covered by a liability policy if the factual allegations may support a potentially covered claim.  This was expansive interpretation of the duty to defend adopted by the United...

Expert Testimony Can Help Policyholders Establish Property Damage and Survive Summary Judgment

On Behalf of | May 22, 2014 | Breach of Contract, Case Updates, Expert Testimony, Firm News, Insurance Bad Faith

Policyholders often face a formidable challenge proving causation on property damage claims, particularly when insurance companies insist on deferring to their own experts and adjustors.  Of course, insurance companies must conduct reasonable investigations and review...

Policyholder Wins Handed Down in Insurance Decisions. Daily Journal Publishes McKennon Law Group PC Article.

On Behalf of | Feb 12, 2014 | Breach of Contract, Case Updates, Disability Insurance, Disability Insurance News, Duty to Defend, Duty to Settle, ERISA, Firm News, Insurance Bad Faith, News, Unfair Business Practices/Unfair Competition

The February 10, 2014 edition of the Los Angeles Daily Journal featured Robert McKennon’s article entitled:  “Policyholder Wins Handed Down in Insurance Decisions.”  In it, Mr. McKennon discusses six insurance decisions handed down in California and federal courts in...

Clearing Up Murky Waters: Insurer’s Duty to Settle. Daily Journal Publishes McKennon Law Group PC Article.

On Behalf of | Oct 29, 2013 | Breach of Contract, Duty to Settle, Firm News, Insurance Bad Faith

The October 29, 2013 edition of the Los Angeles Daily Journal featured Robert McKennon’s article entitled:  “Clearing Up Murky Waters: Insurer’s Duty to Settle.”  In it, Mr. McKennon discusses the  California Court of Appeal’s decision in Reid v. Mercury Insurance...

Want to Open Up the Policy Limits on a Policy? Try Making a Section 998 Offer Above Policy Limits and You Just May Be Able to Do It

On Behalf of | Oct 18, 2013 | Breach of Contract, Duty to Settle, Firm News, Insurance Bad Faith

Can a pretrial California Code of Civil Procedure section 998 offer to settle above an insurer’s policy limits result in opening up a policy’s liability limits?  Interestingly, a California Court of Appeal has said “yes” to this question under certain limited...

Alas, A Very Hot Issue in California Insurance Law is Decided (At Least for Now): Insurers Have No Affirmative Duty to Settle as Long as They Do Not Foreclose the Possibility of Settlement and/or Absent a Within-Policy-Limits Settlement Demand

On Behalf of | Oct 18, 2013 | Breach of Contract, Duty to Settle, Firm News, Insurance Bad Faith

One of the hottest issues in California insurance law has been whether a breach of the good faith duty to settle can be found in the absence of a within-policy-limits settlement demand, thus giving rise to an insurer’s liability for an excess judgment. The frenzy of...

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...