• FAIR Plan Coverage Limited by Statute

    FAIR Plan Coverage Limited by Statute By Barry Zalma, Esq.   In 1968, the legislature enacted the California FAIR Plan to provide property insurance to the otherwise uninsurable. Appellants, who lived in high fire risk areas, were insured under the FAIR Plan. Following wildfires, appellants...

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  • HO Policy, Motor Vehicle Exclusion, and Trailer-not-Tow Exception

    HO Policy, Motor Vehicle Exclusion, and Trailer-not-Tow Exception The insurer brought a declaratory judgment action against the insured asserting that there was no liability coverage under the homeowners policy for an auto accident involving a trailer that was not being towed at the time of the...

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  • Use of a Motor Vehicle and Coverage under a Homeowners Policy

    Use of a Motor Vehicle and Coverage under a Homeowners Policy The insurer brought an action seeking a declaratory judgment that it owed no duty to defend the insured in an underlying action that arose when a person was injured in an accident involving the use of an auto. This case is Hays v....

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