Insights
Publications

The Ninth Circuit gets Gunderson Right while Finding Coverage for Slogan Infringement

11/22/2010 Articles

Since the California Court of Appeal issued its decision in Gunderson v. Fire Insurance Exchange, 37 Cal. App. 4th 1106 (1995), insurers have used it for the proposition that an "insured may not speculate about unpled third party claims to manufacture coverage." However, a closer reading of Gunderson‘s holding reveals that the key inquiry is not which claims the third party pled but rather which facts the third party pled. In the recent case of Hudson Insurance Co. v. Colony Insurance Co., No. 09-55275 (9th Cir. Nov. 5, 2010), the Ninth Circuit Court of Appeals had the opportunity to clarify...

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Firm Highlights

News

Companies are paying big bucks to insure boards against liability as class-action suits soar

Farella Insurance Recovery Partner Mary McCutcheon was quoted in the CNBC article, "Companies are paying big bucks to insure boards against liability as class-action suits soar." Read the article, here .

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Publication

Time to Check Your Cyber Insurance

Now that the CCPA is in effect, some companies will need to revise their policies. The cyber insurance markets are beginning to adapt to the new California Consumer Privacy Act (CCPA) which went into...

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Event

2020 Insurance Coverage Litigation Committee CLE Seminar

Raymond Sheen will speak at the 2020 Insurance Coverage Litigation Committee CLE Seminar session, "Fingerprints, Facial Recognition, Permission? Oh My! Biometric Privacy Coverage Litigation Arriving Soon in Your State." Details: The Illinois Biometric Privacy Act...

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Event

2020 Insurance Coverage Litigation Committee CLE Seminar

Join Erica Villanueva for a discussion on "Coverage Arguments that Work in Court but May Backfire at Mediation" at the 2020 Insurance Coverage Litigation Committee CLE Seminar. Details: In mediation, context is everything. Who are you...

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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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News

North Bay Wineries Taking Insurers to Court Over Denied Smoke Taint Claims

Tyler Gerking, chair of Farella's Insurance Recovery Group, was quoted in the Napa Valley Register article, "North Bay Wineries Taking Insurers to Court Over Denied Smoke Taint Claims." In the article, Tyler said he would expect...

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Publication

Wine 'Smoke Taint' Blurs Insurance Coverage Distinctions

Recent wildfires in California Wine Country, particularly those that devastated parts of Napa and Sonoma counties in October 2017, have focused attention on whether insurance covers smoke taint damage to grapes and wine. Many...

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Publication

Another Federal Circuit Finds Phishing Loss Covered Under Crime Policy

Companies of all sizes have fallen victim to attacks whereby fraudsters will use deceptive communications, such as spoofed emails, to trick an employee into transferring money into the fraudsters’ control. While these increasingly prevalent...

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Publication

INSIGHT: California Ruling in Wage-Hour Coverage Suit Offers Employers a Defense Hook

Wage-and-hour exclusions are common in EPLI policies, frequently with defense-only sub-limits that are woefully inadequate. Farella Braun + Martel LLP’s Shanti Eagle looks at a recent decision adding an avenue to establish or expand...

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News

Threat of Cyberattack by Iran Still Critical, Experts Say

Insurance Recovery Partner Tyler Gerking commented in  The Wall Street Journal article "Threat of Cyberattack by Iran Still Critical, Experts Say." In the article, Tyler said that such direct actions by a nation-state against...

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