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Insurance,
Civil Litigation

Jan. 29, 2021

Year in review: Significant insurance law decisions from 2020

In 2020 California courts rendered a number of significant decisions regarding insurance.

Kirk A. Pasich

Partner and Co-Leader of the Insurance Recovery Group
McGuireWoods LLP

Phone: (310) 956-3462

Email: kpasich@mcguirewoods.com

Loyola Law School

In 2020 California courts rendered a number of significant decisions regarding insurance. These include decisions addressing when an excess insurer must pay, choice of law, the breadth of coverage for additional insureds, and the standards governing an insurer broker's liability to its insureds.

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Related Content

Insurance

Montrose Chemical Corp. of California v. Superior Court (Canadian Universal Insurance Co.)

Insured was entitled to access otherwise available coverage under any excess policy once it exhausted directly underlying excess policies for same policy period.

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Modification: Montrose Chemical Corp. of California v. Superior Court (Canadian Universal Insurance Co.)

Insured was entitled to access otherwise available coverage under any excess policy once it exhausted directly underlying excess policies for same policy period.

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SantaFe Braun v. Ins. Co. of North America

Trial court erred in interpreting the policies to require horizontal exhaustion of all primary and underlying excess insurance coverage before accessing coverage under the excess policies.

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Textron v. Travelers Casualty and Surety Co.

Choice of law issues are generally unsuited for collateral estoppel because determinations of governing law are fact-based.

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Truck Insurance Exchange v. AMCO Insurance Co.

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Murray v. UPS Capital Insurance Agency, Inc.

Plaintiff raised triable issue of fact as to whether defendant undertook special duty by holding itself out as having expertise in inland marine insurance.

Torts

Modification: Murray v. UPS Capital Insurance Agency, Inc.

Plaintiff raised triable issue of fact as to whether defendant undertook special duty by holding itself out as having expertise in inland marine insurance.

Insurance

Third Blind Eye Inc. v. Near North Entertainment Insurance Services LLC

Insured who prevailed on issue of coverage may pursue negligence claims against business manager and insurance broker.



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