Insurance
Sep. 30, 2011
Accidents in the insurance world: Farewell to the 'swimming pool case’?
What is and is not an "accident" in the insurance world continues to evolve.
Rex Heeseman
JAMS
555 W 5th St Fl 32
Los Angeles , CA 90013-1055
Phone: (213) 253-9772
Fax: (213) 620-0100
Email: rheeseman@jamsdar.com
Stanford Univ Law School
Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.
The past few years have witnessed much activity with respect to the meaning of the word "accident" in insurance policies. In order of their issuance, the leading recent decisions are: State Farm Fire & Cas. Co. v. Sup. Ct. (Wright) (2008) 164 Cal.App.4th 317 (aka "the swimming pool case"); Delgado v. Interinsurance Exchange of Auto. Ctr. (2009) 47 Cal.4th 302; and Fire Insur. Exchange v. Sup. Ct. (Bourguignon) (2010) 181 Cal.App. 4th 388 (FIE). Now, there ...
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