On Behalf of McKennon Law Group PC | Dec 28, 2012 | Breach of Contract, Case Updates, Firm News, Property & Casualty Insurance
A recent California Court of Appeals decision served as a reminder of the long-standing rule in California that the mutual intent of the parties will always control the interpretation of potentially conflicting provisions in an insurance contract. In its recent...
On Behalf of McKennon Law Group PC | Oct 14, 2011 | Case Updates, Duty to Defend, Firm News, Property & Casualty Insurance
Under certain circumstances, an insurer has the right to intervene in a case against its insured to protect its own rights and to avoid harm to the insurer. These circumstances usually involve cases where an insured is either prevented from appearing and defending,...
On Behalf of McKennon Law Group PC | Aug 22, 2011 | Case Updates, Duty to Defend, Firm News, Insurance Bad Faith, Legal Articles, Policy Interpretation, Property & Casualty Insurance
According to a recent California appellate court decision, a contractor’s negligent release of asbestos fibers during the removal of asbestos-containing acoustical spray in a condominium complex is excluded by the pollution exclusion in a homeowner association’s...
On Behalf of McKennon Law Group PC | Mar 17, 2011 | Case Updates, Firm News, Insurance Bad Faith, Property & Casualty Insurance
Under standard homeowner insurance policies the insurer is typically required to pay only the “actual cash value” of a loss—i.e., the fair (depreciated) market value—unless and until the insured actually incurs repair costs in excess of the actual cash value to repair...
On Behalf of McKennon Law Group PC | Mar 15, 2011 | Case Updates, Duty to Defend, Firm News, Insurance Bad Faith, Policy Interpretation, Property & Casualty Insurance
Every now and then a court decision comes along that is a virtual one-stop shop for basic insurance coverage and bad faith principles—a primer for newbie insurance attorneys and a refresher for seasoned litigators. Chief Judge Anthony Ishii’s recent decision granting...
On Behalf of McKennon Law Group PC | Feb 23, 2011 | Case Updates, Firm News, Insurance Bad Faith, Policy Interpretation, Property & Casualty Insurance
Noting a paucity of recent California Supreme Court precedent on whether strict or merely substantial compliance with an insurance warranty is required to invoke coverage, the Ninth Circuit Court of Appeals recently held that California law requires strict compliance...
