Key Decisions:

Property

Singh v. Western World Ins. Co. (2011) (Unpublished Decision). Prevailed before California Court of Appeals in establishing a corporate assignee cannot prosecute lawsuit on an insurance claim belonging to suspended corporation where notice of assignment given after corporate suspension, and judiciary cannot create public policy exception to unambiguous statutory language.

Lake Avenue Church v. Atlantic Mutual Ins. Co . (2007) 2007 WL 4260683. Court enforced manuscripted earthquake limitation in affirming summary judgment in favor of insurer on $19.5 million earthquake claim.

Y2K Textile, Inc. v. Lexington Ins. Co. (2006) (Unpublished Decision). Prevailed before California Court of Appeals in establishing that policyholder’s violation of policy warrant precluded coverage for $2.5 million fire loss to commercial fabric dyeing facility.

Lexington Ins. Co. v. Allianz Ins. Co. (2006) (Unpublished decision). Ninth Circuit Court of Appeals concluded that landlord and tenant had different insurable interests in fire damaged building that precluded equitable contribution between property insurers.

Herman Weissker, Inc. v. Lexington Ins. Co. (2005) (Unpublished decision). Prevailed before California Court of Appeal in establishing that faulty workmanship exclusion in builder’s risk policy excluded coverage for damage to fiber optic cable installed in AT&T project due to subcontractor’s faulty installation work.

Alex R. Thomas & Co. v. Mutual Service Casualty Ins. Co. (2002) 98 Cal.App.4th 66. Prevailed before California Court of Appeal in establishing case precedent that commercial property insurer did not have to disprove every possible cause of the loss to establish that contamination-induced corrosion was the “predominant cause” of the loss excluded by the policy.

Lexington Ins. Co. v. Travelers Indem. Co. (2001) (Unpublished decision). Ninth Circuit Court of Appeals concluded that domestic terrorist setting multiple arson fires ($9 million) to municipal courthouse buildings on same day constituted separate occurrences under commercial property policies (coincidentally issued on 9/11 date of WTC terrorist attack and considered in subsequent WTC policy interpretation litigation).

Fireman’s Fund Ins. Co. v. Commerce & Indus. Ins. Co. (2000) (Unpublished decision). Prevailed before Federal District Court in establishing that excess insurer’s rights against primary insurer are limited to claims for equitable subrogation and no independent right of equitable contribution, equitable
indemnity or constructive trust exists, and that the excess insurer’s $5 million equitable subrogation claim was subject to the primary policy’s one-year suit limitation provision.

Commerce & Industry Ins. Co. v. Chubb Custom Ins. Co. (1999) 75 Cal.App.4th 739. Prevailed before California Court of Appeal in establishing case precedent that lessee’s commercial property policy and lessor’s commercial property insurer were both primary and prorated based on policy limits even though policies were issued to different policyholders. Obtained $30 million recovery for client (Commerce & Industry).

American Engineering Contractors, Inc. v. Transcontinental Ins. Co. (1997) (Unpublished decision). Prevailed before California Court of Appeal in establishing that commercial property insurer did not waive coverage defenses that were unasserted in pre-litigation reservation of rights and pre-litigation coverage denial.

Stanton Road Associates v. Pacific Employers Ins. Co. (1995) 36 Cal.App.4th 333. Prevailed before the California Court of Appeal in establishing case precedent that “pre-manifestation” environmental damage is not covered under a commercial property policy.