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Policy Wording Determines Whether A Single Per Person Limit Applies to Loss of Consortium Claims

Posted by Haight and Brown and Bonesteel LLP on Nov 28th 2018

Policy Wording Determines Whether A Single Per Person Limit Applies to Loss of Consortium Claims
September 28, 2018 In Jones v. IDS Property Casualty Ins. Co. (No. C084065, filed 9/25/18), a California appeals court found that while there is a split of authority in the case law, under the insurer’s applicable policy wording a wife’s claim for loss of consortium was subject to the same per person limit of the defendant’s insurance policy as her husband’s claim for bodily injury.In Jones, the insured was sued for an auto accident, and stipulated to a judgment of $1.35 million for the other d
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Accident/Occurrence Requirement Does not Preclude Coverage for Vicarious Liability or Negligent Supervision

Posted by Law Firm of Haight Brown & Bonesteel LLP on Aug 12th 2018

Accident/Occurrence Requirement Does not Preclude Coverage for Vicarious Liability or Negligent Supervision
In Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc. (No. S236765, filed 6/4/18) (L&M), the California Supreme Court ruled that the liability insurance requirement that injury be caused by an “occurrence,” defined as an “accident,” does not preclude coverage of an employer’s independent tort liability for injury deliberately caused by its employee.In L&M, Liberty insured a construction company that contracted to manage a construction project at a middle school in S
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