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

News

Prior Litigation Can Impact Coverage in Future Disputes

GlobeSt.com March 6, 2019 "Prior Litigation Can Impact Coverage in Future Disputes" Insurance Recovery Senior Associate Shanti Eagle discusses how positions taken by insureds in prior litigation can impact or foreclose coverage in subsequent disputes...

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Event

Insurance for the Cannabis Industry

Shanti Eagle is the moderator of this BASF Insurance Section program co-sponsored with the Cannabis Section. This panel will provide important risk management and insurance placement advice to those dealing with businesses involved in cannabis...

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In an unpublished decision, the Ninth Circuit affirmed the Central District of California’s interpretation of the related acts provision in a professional liability policy,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

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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News

Tyler Gerking Elected Fellow of the American College of Coverage Counsel

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News

Farella Braun + Martel Wins Benchmark Litigation 2019 San Francisco Firm of the Year Award

SAN FRANCISCO, March 15, 2019: Farella Braun + Martel announces it has been named “San Francisco Firm of the Year” by Benchmark Litigation . Farella Partner Douglas Young accepted the award on behalf of...

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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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News

Erica Villanueva Named to 2019 Leadership Council on Legal Diversity Fellows Program

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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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Publication

Evicting Tenants Over “Illegal” Cannabis Operation Comes Back to Bite Landlords in Coverage

A 6th Circuit case decided earlier this year demonstrates how positions taken by insureds in prior litigation can impact or foreclose coverage in subsequent disputes with insurers. See K.V.G. Properties, Inc. v. Westfield Ins....

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