California Lawyers Association

Business Law Insurance Law Committee

Updates from the BLS Insurance Law Committee

Insurance Code section 533 does not bar coverage for employment retaliation claims under Labor Code section 1102.5, subdivision (c).  City of Whittier v. Everest National Insurance Co. (2023) 97 Cal.App.5th 895. Read more
The following regulatory information may be of interest to attorneys practicing insurance law. This information is current as of January 16, 2024. Read more
On August 14, 2023, the CDI issued a Notice of Export List Public Hearing setting the hearing date at 10:00 a.m. on September 14, 2023.  Read more
The following published decisions may be of interest to attorneys practicing insurance law. Read more
On July 14, 2023, the CDI issued a Pre-Hearing Notice - Export List Hearing Request for Proposed Additions, Modifications or Deletions to the Export List notifying interested parties of the opportunity to make recommendations for additions to or deletions from the Export List in advance of the hearing, which is to be scheduled in the next few months. Read more
On June 19, 2023, the CDI issued Bulletin 2023-5 indicating that the Export List remains unchanged.   The Export Lists identifies types of coverage or risk that can be placed on a surplus line basis without a diligent search of the admitted market because the Commissioner has determined that there is not a reasonable or adequate market among admitted insurers or that the type of coverage is for new, innovative products for which a reasonable or adequate market among admitted insurers has not had time to develop. Read more
Insurer had a duty to defend lawsuit alleging insured was liable for dog attack, even if lawsuit’s allegations that the insured owned the dog were false.  Dua v. Stillwater Insurance (2023) __ Cal.App.5th __. Read more
On April 10, 2023, the CDI issued two bulletins setting for the annual assessment for the principle-based reserving (PBR) fund, which is used to defray the costs of PBR valuation.  Read more
Hotel that lost business during COVID-19 shut-downs did not show it lost business income due to “direct physical loss or damage” of its property entitling it to insurance coverage. Best Rest Motel, Inc. v. Sequoia Insurance Company (2023) __ Cal.App.5th __. Read more
The following regulatory information may be of interest to attorneys practicing insurance law.  This information is current as of February 14, 2023.   Read more

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