California Insurance Litigation Blog

California Insurance Litigation Blog

Category Archives: Homeowners Insurance

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Insurance Companies Must Show “Substantial Prejudice” to Deny Claims for a Failure to Comply With the Proof of Loss Requirement

Posted in Breach of Contract, Case Updates, Fire Insurance, Homeowners Insurance, Insurance Bad Faith, Unfair Business Practices/Unfair Competition
Following the August 2009 Station Fire, the lawsuits of over 1,440 policyholders filed against Fire Insurance Exchange (“FIE”) and related insurers were consolidated into one case – Henderson v. Farmers Group, Inc., __ Cal.App.4th __, 2012 Cal. App. LEXIS 1108 (October 24, 2012).  In this case, the California Court of Appeal, Second Appellate District, issued … Continue Reading

Why Does The Pollution Exclusion in California Insurance Policies Exclude Asbestos Building Contamination But Not Pesticide Building Contamination?

Posted in Case Updates, Commercial General Liability Insurance, Duty to Defend, Homeowners Insurance, 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 property and liability policy, despite a 2003 California Supreme Court ruling that a contractor’s negligent spraying of pesticide in … Continue Reading

Provision Excluding Insurance Coverage For Wrongful Acts of a Coinsured Limited By California Supreme Court

Posted in Case Updates, Fire Insurance, Homeowners Insurance
California Insurance Code section 533 provides that an insurer is not liable for a loss caused by the willful act of an insured.  This is consistent with California’s public policy of denying coverage for intentional acts of wrongdoing.  However, when there is more than one insured, this policy can lead to inequitable results.  Case in … Continue Reading

California’s Office of Administrative Law Approves Homeowners Underinsurance Regulations

Posted in Homeowners Insurance, Legislation, News
Because of fairly recent California wild fires and California’s history of rising property values (at least this was the case a few years ago), many California homeowners have found themselves underinsured for fire losses.  The California Department of Insurance has been considering new regulations governing standards and training for estimating replacement value on homeowners’ insurance … Continue Reading

Court Affirms Bad Faith Verdict in Homeowner’s Insurance Case

Posted in Case Updates, Homeowners Insurance, Insurance Bad Faith, News
In a new case from Division Three of the Fourth Appellate District, Chicago Title Insurance Company v. AMZ Insurance Services; Pacific Specialty Insurance Company, __ Cal. App. 4th __ (September 9, 2010), the California Court of Appeal has given policyholders a good holding on the issues of when a policy binder becomes effective, when an … Continue Reading