Insurance Update

Our August Insurance Update is now available.

In November 2017, we reported on a California federal district court opinion regarding the TV series Dig, a production based out of Jerusalem.  The show’s producers moved the series out of Jerusalem after Hamas had fired rockets into Israel.  The relocation was costly and the producers sought reimbursement from their insurer.  The case was noteworthy because the court applied the ubiquitous but rarely applicable war exclusion.  In this month’s issue, we provide an update on the case, as the Ninth Circuit has now weighed-in.  The Ninth Circuit’s decision focuses on whether provisions excluding “war” and  “warlike action by a military force” have a specialized meaning in the insurance context; namely, whether they require hostilities between sovereigns.

Also included in our update are several cases involving bad business practices (disparagement, trademark infringement, and TCPA violations), bad policyholder practices (failure to cooperate), and allegedly bad insurance practices.

We end with an insurer’s subrogation action against Amazon under a product liability theory.  The case does not involve insurance coverage, but raises an interesting issue.  The court found that Amazon could be considered a seller under Wisconsin law.

We hope that you find these cases informative.

Click here to read the update.