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Claims Practices

Lawyer Convicted of Workers Compensation Fraud

2025-04-25 | Barry Zalma

Barry Zalma relates a California case where a jury convicted the plaintiff of 37 felony counts of fraud, but, on appeal, his conviction was partially reversed to the Williamson rule.

Courts and Coverage

Breaking Coverage Cases—California Court Rules No Coverage for Wildfire Smoke Losses

2025-02-27 | Jes Alexander

Learn about a California appellate court ruling holding that homeowners claiming smoke damages from a wildfire were not entitled to coverage under their homeowners policy.

Claims Practices

How and Why California Killed Third-Party Bad Faith

2025-01-31 | Barry Zalma

Barry Zalma discusses the reversal of the 1979 "Royal Globe" case in 1988 by the California Supreme Court and its ramifications.

Courts and Coverage

Breaking Coverage Cases—No CGL Coverage Owed for Home Depot Data Breach

2025-01-31 | Jes Alexander

Learn about the court ruling upholding the denial of commercial general liability (CGL) coverage for Home Depot following a significant data breach. This case highlights the limitations of traditional liability policies in covering cyber risks and the importance of specialized cyber insurance. (Links to policies provided.)

Courts and Coverage

Breaking Coverage Cases—CGL Insurers Owe Coverage for Sex Trafficking Suits

2024-12-06 | Jes Alexander

This article examines recent court rulings where commercial general liability (CGL) insurers were found to owe a duty to defend in cases involving sex trafficking suits.

Claims Practices

Lying on an Application about Primary Residence Is Grounds for Rescission

2024-10-18 | Barry Zalma

Barry Zalma relates a recent case showing that an insured's intentional misrepresentation can result in no homeowners insurance coverage.

Construction Law

Understanding "Account Stated" for Finances and Payment Procedures

2024-08-09 | Robert J Miletsky

Robert Miletsky looks at this legal theory and explains how it can help or hurt your company in its daily construction operations.

Claims Practices

Cyber-Security Policy Requires Direct Financial Loss

2024-07-19 | Barry Zalma

Barry Zalma relates a case where coverage was not triggered for a loss involving a phishing scam.

Courts and Coverage

Even More Confusion Regarding the "Damage to Property" Exclusion

2024-06-07 | David M Knapp

David Knapp relates decisions by the Eleventh Circuit Court of Appeals that only add to the confusion.

Claims Practices

Pollution Exclusion Deters Corporations from Polluting

2024-03-29 | Barry Zalma

Barry Zalma relates a case where the insureds' dumping toxins into the city's sewer system clearly fell within the policy's pollution exclusion.

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