Editor's Welcome
The California and federal courts have issued a broad array of decisions for the Spring of 2017. Excess insurers should beware of primary insurers bearing reasonable settlements in excess of limits. A D&O insurer is required to defend the appeal of a criminal conviction if the plain language of their willful misconduct exclusion includes a exception for defense. Open fire policies under the California Insurance Code require payment for the cost of repairing a fire damaged kitchen even when such cost exceeds the fair market value of a home. Under California law, an insurer does not have the discretionary authority to deny benefits under an ERISA plan policy. Yes, a workers' compensation policy may be rescinded pursuant to the California Insurance Code. Finally, the United States Ninth Circuit Court of Appeals has certified a question regarding equitable indemnity under Arizona law to the Arizona Supreme Court.
With Spring over, we hope you have a great Summer!
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
