Expert Witness Testimony on Captive Reinsurance

One of our partners served as expert witness on California insurance law on behalf of Camarin Ltd., a captive reinsurer for Weyerhaeuser.  Camarin paid $25 million in connection with a class action settlement and sought reimbursement from its reinsurer, Swiss Re.  Swiss Re denied coverage, resulting in coverage litigation in British Columbia. The case involved novel issues of proving a reinsurance claim for a matter resolved by settlement where the reinsurance policy does not have a “follow the settlements” clause.  The British Columbia courts held that Camarin was required to present a full trial of the class action as if it had not settled, but had gone to trial in 2003.  The matter settled on favorable terms shortly after Camarin presented the expert reports constituting its case in chief.

Firm Highlights

Publication

The 10th Circuit Correctly Construes “That Particular Part” Narrowly

We do not often write about coverage opinions from jurisdictions as far away as Oklahoma; however, a recent case from the Federal Tenth Circuit looked at one of our favorite topics and came out...

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Publication

Ninth Circuit Asks the California Supreme Court to Interpret the Scope of Personal Injury Coverage

On January 15, 2019, the Ninth Circuit certified the following question to the California Supreme Court: Does a commercial liability policy that covers “personal injury,” defined as “injury… arising out of… [o]ral or written...

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Publication

Damages for Permit Revocation Constitute Covered “Loss of Use”

Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy.  The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App...

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Publication

“That Particular Part” – Yet More

Massachusetts Appeals Court Gets It Right – Mostly Hot on the heels of the Federal Tenth Circuit Court of Appeals’ decision in MTI, Inc. v. Employers Insurance Company of Wausau , __ F.3d __...

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Farella Adds Technology Industry Group Depth

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Publication

Claims-Made Policy Note: Policy’s Use of Defined Terms May Expand or Limit Coverage Under Related Acts Provision

In an unpublished decision, the Ninth Circuit affirmed the Central District of California’s interpretation of the related acts provision in a professional liability policy, holding that related acts reported in a prior policy period...

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Publication

Insurance for the Cannabis Industry Program Takeaways

I recently moderated a Bar Association of San Francisco Insurance Section program co-sponsored with the Cannabis Law Section. The program highlighted recent changes to local insurance requirements and market availability of coverage for cannabis...

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News

40 Farella Braun + Martel Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars

SAN FRANCISCO, July 8, 2019: Forty Farella Braun + Martel attorneys across practice areas were named to the Super Lawyers and Rising Stars lists of top attorneys in Northern California for 2019. Farella attorneys...

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Publication

Are You Covered for California’s New IoT Laws?

In November, Tyler wrote about  insurance issues raised by both the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act, which goes into effect on January 1, 2020. California’s governor...

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Farella Braun + Martel Attorneys Recognized in The Best Lawyers in America© 2020

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