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Appeals Court Rules Umbrella Carrier Must Defend Insured

5/27/2010 Articles

In what appears to be the first published California decision on the issue, the Second District Court of Appeal recently held that a carrier must defend its insured when the claim may not be covered by the primary policy and  "potentially" falls within the carrier's umbrella coverage.  In Legacy Vulcan Corp. v. Superior Court, 2010 WL 1730788, the court rejected the trial court's holding that although the insurance policy provided both excess and umbrella coverage, for purposes of the duty to defend, the insurer's obligations were limited to those of an excess insurer. 

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Firm Highlights

Event

WSJ Pro Cybersecurity Symposium

Tyler Gerking will be speaking at the WSJ Pro Cybersecurity Symposium session, "The Role of Cyber-Insurance." Details: How much should you buy, what does it cover and how does it fit with an overall...

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Publication

New California Housing Laws: AB 68 Accessory Dwelling Units

On January 1, 2020, several housing-related bills recently signed into law by the Governor take effect. We will explain the upcoming changes in housing law through a series of updates. Our first update...

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Publication

End of a Decade - Checklist for California Nonprofits

As 2019 comes to a close, we thought about our customary note to nonprofit officers and directors to take a few moments to confirm that important year-end responsibilities have not been overlooked. But since this...

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News

Hemp Legal Limbo Challenges Sonoma County's Delta Separations, Other Equipment Makers

Ryan Lowther provided commentary in a North Bay Business Journal article discussing banking and regulatory challenges facing the hemp industry. Read the full article, here .

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Publication

Is your company covered by California's new privacy law?

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News

Dan Cohn Named to Jewish Community Federation Board of Directors

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News

Ashley Breakfield Appointed to CREW Network Diversity & Inclusion Task Force

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Event

Litigating Civil and Criminal Trade Secret Cases: Trends, Best Practices, and Lessons Learned

Trade secret litigation is on the rise, both civil litigation and follow-on criminal prosecution for trade secret theft. Companies are grappling with how to protect their valuable information and minimize risk in their technological...

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Publication

Are Losses Resulting from Phishing Incidents Covered by Crime Policies Insuring Against Computer Fraud?

It is an all-too-common dilemma. As phishing schemes have become more prevalent and more sophisticated, businesses of all sizes have fallen victim to these attacks where a fraudster will use a spoofed email or other...

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Event

PFAS Litigation Conference

Sarah Bell will be speaking at Law Seminars International's PFAS Litigation Conference program, "Lines of Defense" on December 10. Details: Assessing and choosing among the legal options for defending toxic tort, mass tort, and...

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