On Behalf of McKennon Law Group PC | Jun 29, 2018 | Duty to Defend, Firm News, Insurance Litigation Blog, Negligence
Generally, an insured will not receive coverage under a liability policy when they intentionally cause the loss or injury for which they are seeking coverage. As expected, insurers regularly deny claims when they are able to characterize an insured’s conduct as...
On Behalf of McKennon Law Group PC | Oct 11, 2017 | Bad Faith, Duty to Defend, ERISA - Attorneys' Fees, Firm News, Insurance Bad Faith, Insurance Litigation Blog, Life Insurance, Punitive Damages
On August 31, 2017, the California Court of Appeal discussed a variety of topics touching upon important matters in insurance “bad faith” litigation in Pulte Home Corp. v. Am. Safety Indemnity Co., 14 Cal.App.5th 1086 (Aug. 31, 2017). In this blog, we discuss the case...
On Behalf of McKennon Law Group PC | Aug 24, 2017 | Case Updates, Duty to Defend, ERISA - Attorneys' Fees, Firm News
We all know the maxim that “bad facts make bad law.” Two years after J.R. Marketing, LLC prevailed in the Court of Appeal concerning its dispute with its commercial general liability insurer, Hartford, it ran out of luck before the California Supreme Court in its...
On Behalf of McKennon Law Group PC | Aug 24, 2017 | Case Updates, Duty to Defend, ERISA - Attorneys' Fees, Firm News
We all know the maxim that “bad facts make bad law.” Two years after J.R. Marketing, LLC prevailed in the Court of Appeal concerning its dispute with its commercial general liability insurer, Hartford, it ran out of luck before the California Supreme Court in its...
On Behalf of McKennon Law Group PC | Apr 1, 2015 | Case Updates, Disability Insurance, Disability Insurance News, Duty to Defend, Firm News, Insurance Litigation Blog
A liability insurer’s duty to defend its insured against lawsuits is extremely broad, much broader than its duty to indemnify its insured for a judgment entered against it. That has been the law in California for decades. But just how broad is the duty to defend? ...
On Behalf of McKennon Law Group PC | Oct 23, 2014 | Bad Faith, Duty to Defend, Firm News
General liability insurers and their agents often lure commercial clients with grandiose promises of coverage for business operations, but upon receiving a notice of a claim, interpret their policy exclusions liberally to limit what they consider covered business...
On Behalf of McKennon Law Group PC | 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...
On Behalf of McKennon Law Group PC | Jan 27, 2014 | Case Updates, Duty to Defend, Firm News, Policy Interpretation
In California, courts have long held that where a policy provision is ambiguous because it is susceptible to multiple interpretations, the reasonable expectation of the covered party governs. But which parties’ objectively reasonable expectations should govern where...
On Behalf of McKennon Law Group PC | Oct 16, 2013 | Case Updates, Duty to Defend, Firm News, Policy Interpretation
Insurers providing general liability insurance cannot shirk their duty to defend insureds at the outset of litigation by relying on self-insured retention (SIR) provisions in those policies unless the policies expressly and unambiguously make the insurer’s duty to...
On Behalf of McKennon Law Group PC | 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...
