POWER OUTAGE Property Insurance Coverage
Typically, “property damage” coverage includes “physical loss or damage to covered property” referenced in the policy’s Declarations section. “Property damage” must result from any Covered Cause of Loss, such as a fire or windstorm, typically included as one of the policy’s “named perils.” But, such coverage includes not only direct loss but loss of use and functionality of the covered property.
California Supreme Court's Pitzer Opinion Unearths New Opportunities to Revisit Prior Insurer Denials of Policy Benefits
When insurers deny a defense and the law changes, or is clarified in a way that is contrary to positions insurers relied upon in denying a defense, the opportunity arises to revisit coverage denials. Many policyholders and their counsel overlook this readily available source of funding for ongoing litigation or settlements. We refer to this as “buried treasure.”
Reimbursement for Business Tort Lawsuits
Did you know that reimbursement for lawsuits may be recoverable through your insurance policies? We call this "Buried Treasure.”
Navigating the Insurance Maze World
Courts typically evaluate an insurer's duty to defend advertising injury claims using a three-part test. Coverage exists where the insured demonstrates advertising activity, . . .
David A. Gauntlett: Dean of the "Coverage B" Bar
Our principal, David A. Gauntlett, answers four questions in Coverage Opinions on the scope, character and history of utilization of "Coverage B" of the CGL policy.
Court Denies National Union's Motion to Dismiss Bad Faith Case
Judge Klausner denied National Union’s motion for summary judgment on bad faith. The court also denied its request to terminate the defense going forward finding a duty to defend the Underlying Action.
Maryland’s High Court Ignores Policy Language
In Maryland Cas. Co. v. Blackstone Int'l Ltd., No. 51, September Term, 2014, 2015 Md. LEXIS 286 (Md. Apr. 21, 2015), the Maryland Court of Appeals failed to address the salient policy language concluding that no potential coverage arose for “unjust enrichment” claims. Having conceded that the allegations evidenced “use of another’s advertising idea” under offense (f), the majority ignored “product packaging,” which the dissent and Intermediate Court both agreed evidenced an “advertisement.”
Full Award of Attorneys’ Fees and Costs Obtained
Judge James V. Selna of the United States District Court, Central District of California, Southern Division, entered an order on April 1, 2015 on behalf of Defendant, Armano Luxury Alloys, Inc. granting its motion for attorneys’ fees and costs pursuant to both 35 U.S.C. § 285 and 15 U.S.C. § 1117, awarding attorneys fees and costs against plaintiffs Dzinesquare, Inc. to Defendant, whom Gauntlett & Associates represented in trade dress Lanham Act, trade dress lawsuit.
20 Years of Success!
Founded on April 1, 1995, the firm to date has secured judgments and settlements exceeding $200 million dollars on behalf of a range of corporate clients including over 20% of the Fortune 1000 and 10% of the Fortune 500 companies. Gauntlett & Associates specializes in insurance recovery negotiation and litigation in intellectual property, antitrust/unfair competition and business tort claims lawsuits.
Ninth Circuit Affirms Broad Scope Of Advertisement Element
Street Surfing, LLC v. Great Am. E&S Ins. Co., 752 F.3d 853 (9th Cir. 2014) was published June 10, 2014. That Order was amended on November 14, 2014, after the Panel solicited Opposition to the Petition for Rehearing of its prior ruling and permitting an amicus brief to be filed in support of that Petition.