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The Ninth Circuit Court of Appeals COVID-19 decisions
The Ninth Circuit Court of Appeals delivered favorable decisions for insurers in a trio of rulings last week.
Kennedys promotes ten to global partnership
Kennedys has promoted ten lawyers to its partnership. Four of those promoted are based in the UK, with six in the US. Kennedys’ worldwide partner count is now 280.
Allocation between covered and uncovered claims, and advising the insured of its allocation burden
As a majority rule, the burden is on the insured to allocate between covered and uncovered claims. For example, when a judgment against an insured includes damages for which an insurer is liable and also damages beyond the coverage of the policy, the insured has the burden to establish (i.e. to allocate) which percentages of the verdict represent covered damages versus uncovered damages.
Courts debate if an insurer can bring a malpractice action against defense counsel it retained to defend its insured
Liability insurers regularly retain defense counsel to defend their insureds against claims that potentially fall within coverage.
US Construction defect insurance coverage law compendium
Limitations on the use of the Reasonable Expectations Doctrine and the contra proferentem rule by sophisticated policyholders
Insurers are well familiar with a policyholder argument against enforcing an insurance contract as written, based upon legal principles designed to protect “unsophisticated” consumer policyholders.