The Liability Carrier’s Response to a Tender of Defense,
By: John H Podesta
Section III of seminar materials from Lorman’s “Everything a Construction Player Needs to Know About Insurance”, including the initial response, Independent Counsel, Primary and Excess insurance.
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Additional Insured & Contractual Liability Coverage
By: John H Podesta
Section IV of seminar materials from Lorman’s “Everything a Construction Player Needs to Know About Insurance”, including a “how to” description to determine if additional insured coverage applies, the policyholder’s right to coverage and the additional insured carriers’ rights if there is coverage.
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OCIP Liability Claims Challenges
By: Harry A. Griffith & John H. Podesta
Seminar Materials presented at International Risk Management Institute’s 2005 Construction Conference. These materials describe and explain difficult claim challenges presented by Owner Controlled Insurance Programs, and offers strategies for smoothing the claim resolution process.
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Maryland Casualty Co, et al. v. Nationwide Mutual (2000) 81 Cal.App.4th 1081
Branson, Brinkop was counsel of record for co-plaintiff, National Union; this case established the right of contribution as between a General Contractor’s direct carriers and subcontractor’s carriers that provide additional insured coverage.
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New Hampshire Ins. Co. v. Ridout Roofing (1998) 68 Cal.App.4th 495
Branson, Brinkop was counsel for Plaintiff,; this case established a carrier’s contractual right to settle claims and recover deductibles.
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Maryland Cas. Co. et al v. Nationwide (1998) 65 Cal.App.4th 21
Branson, Brinkop was counsel for co-plaintiff; this case established that coverage for a defense under an additional insured endorsement exists if there is any potential for coverage, and that qualifying coverage for sums that the additional insured is “held liable” for acts of the named insured does not eliminate the duty to defend.
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Centennial Ins. Co. v. U.S. Fire Ins. Co (2001) 88 Cal.App.4th 1082.
Branson, Brinkop was counsel for defendant; this case established that rights of contribution between carriers is not subject to a bright line rule, that the right is dependant on the particular circumstances of a given case.
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A.C. Label v. Transamerica Ins. Co. (1996) 48 Cal.App.4th 1188.
Branson, Brinkop was counsel for defendant; this case established that an acquisition by the Insured after the policy expires cannot create coverage under the expired policy for the acquired company’s long-tail pollution liabilities.
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A Midsummer’s Nightmare
By: John H. Podesta
An article published in the San Mateo Bar Ass’n magazine, The Docket, and is the tale of one client’s problems and triumph when he found out he was underinsured after a fire that destroyed his house.
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Subcontractor General Liability Insurance Concerns
By: John H. Podesta
This article highlights some of the limitations in subcontractors’ liability policies that can create coverage gaps for the policyholder, and Errors and Omissions exposures for the agents.
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