Insurance Law

Many cases involved insurance in some way. Some losses are covered by insurance. Liability insurance often pays for the cost of defense and any subsequent settlement or judgment. Insurance policies are simply contracts, although some additional rules apply to insurance policies that do not apply to other contracts. Bruce has been involved in insurance-relate issues in numerous cases, although only some of them raise issues of insurance law on appeal.

Kurtz v. Allstate Insurance Co. (08-55781) (2010)

U.S. Court of Appeals
Ninth Circuit

Bruce represented the appellants in a homeowner’s insurance dispute. The district court had granted summary judgment to their insurer, excluding key evidence and finding no breach of the insurance policy. On appeal, Bruce successfully argued that the District Court incorrectly determined that spreadsheets summarizing damages were inadmissible under Federal Rule of Evidence 1006 and these spreadsheets were in fact admissible. Because there were unresolved material factual issues, summary judgment was improperly granted. The Ninth Circuit agreed, held that the homeowners' evidence supported claims for unpaid damages, breach of contract, and breach of the covenant of good faith and fair dealing, and reversed the judgment against Bruce's clients.

Opinion

Case Note

This reversal underscores the importance of careful reading of the rules of evidence, both in the trial court and on appeal. The whole appeal hinged on whether certain evidence was admissible.

Kevorkov v. Geico Direct (B205205) (2009)

California Court of Appeal
Second Appellate District, Division Eight

Bruce represented the plaintiff in a lawsuit against an insurer for wrongful cancellation of his automobile insurance policy. The trial court granted summary judgment for the insurer, concluding that the insured had permitted “regular use” of the insured vehicle by non-named drivers. Bruce obtained a reversal. The court held that “regular use” was ambiguous and that a triable issue existed as to whether the insured’s conduct met that threshold.

Opinion