The Insurance Coverage practice group handles two main areas of practice:
Coverage Advice: Providing reservation of rights letters and coverage opinions on a wide range of insurance issues, including general liability, property, errors and omissions policies, and primary and excess coverage.
Insurance Litigation: Handling declaratory relief actions, subrogation actions, equitable contribution actions, actions to rescind policies, and the defense of insurance bad faith suits.
- Successfully defended liability insurer in declaratory relief action by obtaining judgment following demurrer on question of whether sums ordered by an administrative agency constitute "damages" under the policy's indemnity coverage.
- Favorably prosecuted declaratory relief action in trial court. On appeal, secured judgment authorizing rescission of employment practices liability (EPL) policy issued by our client to an insured who made misrepresentations and concealments in the application process.
- Won a summary judgment in a declaratory relief action in which the court held that the business pursuits exclusion applied and eliminated coverage under a Homeowner's Policy.
- Obtained significant recoveries in contribution actions brought against other insurers issuing Additional Insured Endorsements to our client's insured.
- Issued coverage opinions with respect to a wide range of provisions in many types of insurance policies, successfully allowing our insurer clients to assert coverage defenses and resolve coverage disputes without litigation.
- Provided consultation and assistance to policy holders in understanding coverage rights and obligations and in making appropriate tenders under insurance policies.
Expedited Jury Trials: The Why, When and How of the New California Law
Effective January 1, 2011, California has enacted statutes for Expedited Jury Trials (EJT). Sharon Hightower, assistant managing partner of Ericksen Arbuthnot's San Jose office, has prepared a seminar to explain this new statute to attorneys, clients and insurance carriers. She will explain what types of cases are best suited for EJT and how cases are selected for this alternative trial option. Her presentation includes the following topics:
- Background of the new law
- Pre-trial procedures
- Selection process for cases
- Trial procedures:
- Admissibility of evidence
- Voir dire
- Required deadlines
For more information about EJT, see
"California Offers a New Trial Option."