California's Landmark Insurance Ruling in the Stringfellow Litigation
Indemnification Strategies in Continuing Property Damage and Personal Injury Claims
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Wednesday, March 4, 2009
Recorded event now available
This seminar will discuss the new California appellate court ruling that allows stacking of insurance policies in cases where an insured is facing continuous injury claims. The panel will review the implications of the ruling and best practices for policyholders, insurers and their counsel.
Description
In January 2009, the California Court of Appeal (4th Dist.) ruled a policyholder facing long-term property damage or personal injury claims may stack liability policy limits across policy periods to maximize recovery. The decision is hailed as a landmark that could influence other courts nationwide.
The court of appeal overturned the trial court's holding that the policyholder could not stack the limits of multiple policies over an entire period of damage. The court of appeal also expressly rejected a 1998 California Court of Appeal (6th Dist.) decision that limited coverage.
The decision is particularly significant for policyholders in manufacturing, pharmaceutical, construction and chemicals, that face claims for continuous injury with roots in years past.
Listen as our authoritative panel of insurance attorneys examines the California court of appeal decision and its implications for insurance practice. The panel will offer their perspectives on best practices for addressing indemnity issues in long-term injury claims litigation.
Outline
- State of California v. Continental Insurance Co.
- Trial court ruling
- Court of Appeal (4th District) ruling and reasoning
- Implications of the ruling
- At odds with FMC Corp. v. Plaisted & Cos. (Cal. App. 6th Dist. 1998)
- Anti-stacking rule
- All-sums rule
- Court treatment of indemnity in other jurisdictions
- Best practices
Benefits
The panel will review these and other key questions:
- What was the court's reasoning in rejecting the anti-stacking rule ascribed to by another California appellate court?
- What are the implications of the decision for California litigants? Or those outside California?
- What steps can policyholders take to recover damages under their insurance policies when facing long-term property damage or personal injuries claims?
Faculty
Roger W. Simpson,
Shareholder
Cotkins & Collins, Los Angeles
His principal area of practice is insurance coverage for environmental liability and he represented the state of California in the State of California v. Continental Ins. Co. (2009) matter. He also provides insurance coverage counseling concerning Environmental Impairment Liability Insurance.
Robert M. Horkovich,
Shareholder
Anderson Kill & Olick, New York
He has substantial experience in trying complex insurance coverage actions for corporate policyholders. The Chambers Guide calls him the 'go-to person' in the area of insurance recovery. He served as Counsel in the State of California v. Continental Ins. Co. (2009) matter. He has also been engaged on several significant projects by the United Nations as its General Insurance Counsel.
William J. Baron,
Partner
Duane Morris, San Francisco
He concentrates on appellate work and complex civil litigation, including insurance coverage actions. He prepared an amicus brief in the companion Stringfellow case.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, OR*, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, OR, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
MP3 Download (Audio Only) $49.00
Available 24 hours after the live event
CD $49.00
plus $9.45 S&H
Available ten business days after the live event
Program Materials
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Program Materials
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CLE Credit
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Udall Law Firm
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Udall Law Firm
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Bruce Henderson
Phelps Jenkins Gibson & Fowler
Insurance Law Advisory Board
Partner
Farella Braun + Martel
Partner
Nelson Levine deLuca & Horst
Counsel
Reed Smith
Member
Cozen O'Connor
Counsel
Carter Ledyard & Milburn
Partner
Clyde & Co.
Partner
Barger & Wolen