Category: Insurance Help
Posted by Noah Bardsley May 12, 2012 No Comments »
While the number of uninsured drivers on Britain’s roads has soared in recent years, most drivers would not get behind the wheel without the proper cover in place. But can you really say that you have never driven uninsured, even by mistake?In fact, there are lots of potential ways that you can unwittingly invalidate your car insurance policy.These include falling behind with your monthly payments, driving while over the alcohol limit while honestly believing you were sober (perhaps because you were drinking late the night before) and driving someone else’s car thinking your own cover provided the necesary protection.Here, we highlight some of the situations that could put you, your passengers and anyone else on the road at risk due to a lack of insurance. Read more…
Posted by Noah Bardsley May 08, 2012 No Comments »
The California Supreme Court will hear arguments on May 30, 2012 on all sums, stacking, and number of occurrences in State of Calif. v. Continental Ins. Co. (2009) [170 Cal.App.4th 160].
This case presents the following issues:
(1) When continuous property damage occurs during the periods of several successive liability policies, is each insurer liable for all damage both during and outside its period up to the amount of the insurer’s policy limits?
(2) If so, is the “stacking” of limits – i.e., obtaining the limits of successive policies – permitted?
As we reported a few years ago, the California appellate court rulings in this environmental coverage case were that:
- “All sums” – In a continuous loss situation, each insurer that covers any part of the claim has an obligation to pay the entire claim, and then seek reimbursement from other insurers. <
Posted by Noah Bardsley Apr 01, 2012 No Comments »
You cant turn the telly on these days without seeing an advert for tradesmans business insurance or commercial liability with all the big insurance comparison websites and direct insurance companies vying for attention at one dotcom or another.
Posted by Noah Bardsley Mar 21, 2012 No Comments »
In the past year, numerous courts have addressed whether various intellectual property claims were covered under the commercial general liability (“CGL”) policy. There is no question that Coverage B, the “personal and advertising injury” liability coverage of the CGL policy, covers some intellectual property claims. For example, the enumerated offenses set forth in the definition of “personal and advertising injury” include infringement of another’s copyright, trade dress, or slogan in the named insured’s “advertisement,” and use of another’s advertising idea in the named insured’s “advertisement.” Various intellectual property claims might also implicate coverage under the libel, slander, disparagement and violation of privacy offenses. I have set forth below a couple of recent decisions that address trademark infringement claims. I promise to provide an ongoing discussion of some of the recent cases addressing coverage for other intellectual property claims.
IP exclusions began to be used in Coverage B CGL policy forms in 2001. Among other intellectual property claims, the IP exclusion expressly excludes coverage for trademark infringement. The exclusion, however, has an exception for “infringing upon another’s trade dress, copyright or slogan in your [the named insured’s] “advertisement.” As a result, many policyholders have attempted to shoehorn trademark claims into one of the offenses set forth in the exception to the IP exclusion. This attempt was successful in Tower Ins. Co. v. Capurro Enters. Inc., No. C 11-03806 SI, 2011
Posted by Noah Bardsley Feb 25, 2012 No Comments »
Cash-strapped motorists are being urged to join a mass lobby of MPs at Westminster to fight back against escalating fuel prices. FairFuel Day, which falls on Wednesday, March 7, will see protestors including the AA, The RAC and The Road Haulage Association, call on the government to cut fuel duty to combat rising prices at the pump.
The roads lobby group has also made a personal visit to the Chancellor, George Osborne to try and persuade him to make a u-turn on his 3p fuel duty rise which is scheduled for August this year.
The protests come as the price of diesel reached the symbolic £1.50 per litre mark in some parts of the country this week – and average prices for both diesel and unleaded have continued to climb.