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Insurer Must Notify an Insured of Contractual Limitations Period Even if Represented by Counsel: Lessons Learned Regarding Rescission Claims

2/23/2010 Articles

In Superior Dispatch, Inc. v. Ins. Corp. of N.Y., 2010 Cal. App. LEXIS 58, the California Court of Appeals recently established that section 2695.4(a) of the California Code of Regulations, title 10, requires an insurer to notify its insured claimant of contractual limitations provisions that may apply to a claim.  And, this remains true even where the insured claimant is represented on the claim by counsel, notwithstanding section 2695.7(f).  The decision also provides a cautionary tale for insureds as it held that Superior Dispatch's policy was void based on a misrepresentation in the policy application.

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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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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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Farella Adds Technology Industry Group Depth

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“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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EPLI Policies in Employment Litigation

Shanti Eagle is the moderator for this BASF Labor and Employment Section program, "EPLI Policies in Employment Litigation." This program will provide an overview of using Employment Practices Liability Insurance (EPLI) policies in employment...

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

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California Supreme Court Ruling Clarifies That the Notice-Prejudice Rule Is a Fundamental Public Policy That May Override Choice of Law Provisions

In  Pitzer College v. Indian Harbor Insurance Company , the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule [1]  is a fundamental public policy...

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Reimbursement of Employment-Related Expenses Is Not a “Wage and Hour” Claim Within the Meaning of EPLI Exclusion

A recent California appellate court decision found that a wage and hour exclusion in an Employment Practices Liability Insurance (“EPLI”) policy did not bar coverage for claims under California Labor Code sections 2800 and...

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3 Lessons For Calif. Insureds From Late-Notice Rule Decision

In Pitzer College v. Indian Harbor Insurance Company ,[1] the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule[2] is a fundamental public policy of...

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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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