Προωθημένο
We are, so far, 80% funded for April. I am matching donations dollar for dollar this month. Thanks to everyone who helped out. 🥰
Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month
Αναζήτηση
Προωθημένο
Κατηγορίες
- Art
- Causes
- Crafts
- Crime
- Dance
- Drinks
- Film
- Finance
- Fitness
- Food
- Παιχνίδια
- Gardening
- Health
- Κεντρική Σελίδα
- Literature
- Music
- Networking
- Paranormal
- άλλο
- Politics
- History
- Party
- Science
- Religion
- Shopping
- Sports
- SyFy
- Politically Incorrect
- Philosophy
- Theater
- Technology
- Wellness
Διαβάζω περισσότερα
Up to two million Hungarian Jews could have been saved IF early Israeli leadership had listened to the Jews and not to the Empire..
"The Auschwitz arrivals unaware of their fate: Unseen photos taken by SS guards reveal fear and...
Liability Insurance Only Provides Defense or Indemnity for a Fortuitous Act
No Coverage for Intentional Acts or For Independent Counsel Retained Without Proper Cause
Read...
Remember the Sherman murders in Toronto.... trudy's friends?
anyone remember the murder of the Shermans in Toronto, the one Toronto police tried to cover up?...
Evidence of Prior File Useful to Prove Arson for Profit
Arson for Profit Conviction Affirmed
Read the full article at...
Getting the Whole Truth - an ABA Webinar
A Webinar on Getting the Whole Truth
Please attend. I'm looking forward to the presentation...
Read the full article at https://lnkd.in/g2ngMuec and shttps://lnkd.in/g2ngMuec and at https://zalma.com/blog plus more than 4300 posts.
Attempt to Avoid Reimbursement of Excess Insurer Fails
No Good Deed Goes Unpunished
In Western World Insurance Company v. Federal Insurance Company, Defendant, 2d Civ. No. B311994, California Court of Appeals, Second District, Sixth Division (September 8, 2022) two insurers disputed about the priority of coverage arising from a single incident.
FACTS
In May 2014, Elliot Roger murdered his two roommates and their friend at the Capri Apartments (Capri) in Isla Vista, California. The victims’ heirs brought an action for wrongful death (Chen v. Hi-Desert Mobile Home Park (Super. Ct. Santa Barbara County, 2015, No. 15CV04163) (Chen action) against the owner of the apartments, Hi-Desert Mobile Home Park, LP (Hi-Desert) and the manager, Asset Campus Housing, Inc. (ACH). The action alleged that ACH and Hi-Desert had notice of Roger’s violent propensities but assigned him to be the victims’ roommate.
Insurance Coverage
Western World Insurance Company (Western) provided excess general liability coverage for ACH, but not Hi-Desert.
The insurers did the right thing by their insureds. They each contributed funds for a settlement of the underlying action, leaving the question of priority of coverage to separate litigation among the insurers.
Primary Liability
Prior to the settlement of the Chen action, ACH had an assignable cause of action against Federal because Federal refused to acknowledge its duty to indemnify that ACH was primary to Western’s coverage. It would be absurd to allow Federal to use Western’s money to settle Federal’s debt to ACH, and hold the settlement deprived Western of the right to recover the money from Federal.
Equitable Position
Western’s coverage is in excess to Federal’s coverage; the settlement of the Chen action did not exhaust the limits of Federal’s coverage; therefore, Western is entitled to the return of its money.
ZALMA OPINION
Western World Insurance Company did the right thing when a dispute arose between the various insurers about which insurer was primary, which excess, and which – of two excess insurers – must exhaust before the other must pay. It turned out Western was the last in line and needed reimbursement from the others of the money it paid subject to this later suit to determine who was on first, second and third. Federal tried to avoid doing the right thing only to have the Court of Appeal slap their cobbled together arguments down. Western World acted fairly and in good faith the insured and the other insurers only to have Federal try to not pay what it owed.