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Civil Litigation,
Insurance

Jul. 30, 2011

Hold your horseplay: Recent ruling not a victory for insurers

The debate continues between insurance companies and policyholders over what is an accident or occurrence. By Linda Kornfeld, Jerold Oshinsky and Damon Thayer of Jenner & Block LLP

Linda D. Kornfeld

Partner, Blank Rome LLP

2029 Century Park East
Los Angeles , CA 90067

Email: lkornfeld@kasowitz.com

Linda serves as a chair of the Daily Journal's Women Leadership in Law conference taking place on May 2 in Beverly Hills, and will moderate the "#MeToo in the Legal Profession" panel.

Jerold Oshinsky

Partner, Kasowitz Benson Torres LLP

Email: Joshinsky@kasowitz.com

Jerold is insurance litigation partner in Los Angeles.

Damon A. Thayer

Office of the U.S. Attorney

Phone: (213) 894-6585

Email: damon.thayer@usdoj.gov

Univ of Minnesota L S; Minneapolis MN

State Farm General Insurance Co. v. Frake, 2011 DJDAR 10583 (2nd Dist. June 22, 2011) continues the debate between insurance companies and policyholders: what is an "accident" or "occurrence"? Since Frake was decided, insurer-side attorneys have claimed a "victory" on this issue. These insurer-side interpretations of Frake contend, as a blanket proposition, that if a policyholder commits any intentional act, then in all circumstances any resulting injury or ...

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