Insurance Research Group/John K. DiMugno, Attorney-at-Law

3450 Palmer Dr., Suite 4-285
Cameron Park, CA 95682

Phone: 530-344-0239
Fax: 530-344-0189
Email: jd@dimugnolaw.com

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For information on upcoming speeches to be given by Mr. DiMugno, contact him today.

Insurance and Tort Law Blog Posts

Mr. DiMugno regularly contributes posts on a variety of insurance and tort law topics to the Thomson Reuters Legal Solutions Blog. Click on the links below to read his recent posts.

Liberty Surplus Insurance Corp. v. Ledesma & Meyer Construction Co., Inc.: A Solution to the California "Accident" Conundrum? Part III

Liberty Surplus Insurance Corp. v. Ledesma & Meyer Construction Co., Inc.: A Solution to the California "Accident" Conundrum? Part II

Liberty Surplus Insurance Corp. v. Ledesma & Meyer Construction Co., Inc.: A Solution to the California "Accident" Conundrum? Part I

Revising California's Jury Instructions on Insurance Bad Faith: Should a Settlement Demand Be Necessary?

Revising California's Jury Instructions on Insurance Bad Faith: Does Focusing on the Reasonableness of the Insurer's Decision Raise the Specter of Summary Judgment in Bad Faith Failure to Settlement Cases?

Revising California's Jury Instructions on Insurance Bad Faith: Should There Be a Second Reasonableness Inquiry?

Revising California's Jury Instructions on Insurance Bad Faith: Tort Liability for Unreasonable Settlement Decisions

Revising California's Jury Instructions on Insurance Bad Faith: The Nature of the Tort of Insurance Bad Faith

Revising California's Jury Instructions on Insurance Bad Faith: Are the Twin Goals of Accuracy and Understandability in Conflict?

Eighth Circuit Allows Coverage for Wire Transfer Fraud after Employees Leaves Bank's Computers Vulnerable to Cyber Attack

California Supreme Court Insulates Managed Care Organizations from Liability for Elder Abuse

California Supreme Court Adds Clarity to United States Supreme Court's Guideposts for Evaluating Constitutionality of Punitive Damages in Insurance Bad Faith Case

ERISA Plan Beneficiary's Dissipation of Settlement Proceeds Precludes ERISA Plan Health Insurer from Enforcing Its Reimbursement Rights

Liability of Insurers for Conduct of Insurer-Retained Defense Counsel under the Restatement, Law of Liability Insurance

Protecting Confidential Communications under the Restatement, Law of Liability Insurance

Contra Proferentum and "Sophisticated Insureds" under the Restatement, Law of Liability Insurance

The Role of Extrinsic Evidence in Resolving Policy Ambiguity under the Restatement, Law of Liability Insurance

The Restatement, Law of Liability Insurance and the Elusiveness of Insurance Policy Plain Meaning

The Making of a Restatement

Why Every Lawyer Should Care about the Restatement, Law of Liability Insurance

U.S. Supreme Court Refuses to Enforce Agreement to Permit Class-wide Arbitration

Two Recent Insurance Coverage Decisions May Increase Merger and Acquisition Activity

The Importance of Context in Insurance Policy Interpretation

Sometimes Reading the Policy Is Not Enough

Coverage for an Automobile's Use Is Broader Than Many Realize

Vicarious Liability of Health Insurers for Medical Negligence

New Guidance on Insurance Coverage for Product Disparagement Claims: Part II

New Guidance on Insurance Coverage for Product Disparagement Claims: Part I

Guidance on Insurance Coverage for Cyber Attacks: Specialty Coverage

Guidance on Insurance Coverage for Cyber Attacks: First-Party Coverage

Guidance on Insurance Coverage for Cyber Attacks: CGL Property Damage Claims

Guidance on Insurance Coverage for Cyber Attacks: "Advertising and Personal Injury"

Guidance on Insurance Coverage for Cyber Attacks

The Nature of a Liability Insurer's Duty to Settle: Part II

The Nature of a Liability Insurer's Duty to Settle: Part I

"Product Disparagement" Coverage for Consumer False Advertising Claims

Insured v. Insured Exclusions: Round II

D&O Coverage for FDIC Lawsuits against a Failed Bank's Killers

D&O Coverage Exclusions for Dishonesty and the Great Recession of 2008: The "In Fact" Requirement

D&O Coverage Exclusions for Dishonesty and the Great Recession of 2008: The "Final Adjudication" Requirement

Connecticut Supreme Court Gives Insurer First Crack at the Subrogation Pot

Do Fidelity Bonds Cover Trading Losses?

Implications of Allowing Unfair Competition Law Claims for Bad Faith Claims Handling: Zhang v. Superior Court

Zhang v. Superior Court: A New Statutory Bad Faith Claim?

Practical Problems with Pennsylvania's New Approach to Control of Settlement Decisions

Pennsylvania Appellate Court Charts New Approach to Control of Settlement Decisions 

The Battle between Insurers and Insureds for Control of Settlement Decisions

Insurance Coverage for Construction Defects in South Carolina: The Supreme Court v. The Legislature

Insurance Coverage for Construction Defects in South Carolina: The Construction Industry's Next Move

Vance v. Ball State University: U.S. Supreme Court Decides When Employers Are Vicariously Liable for Workplace Harassment
 
Judicial Restraint Unbound: University of Texas Southwestern Medical Center v. Nassar

Is the Relief Sought in Securities Fraud Lawsuits a Covered “Loss” under the Defendant’s D&O Policy? 

Directors and Officers Liability Insurance Coverage for Fee Awards

Insurance for Regulatory Investigations

United States Supreme Court Allows Credit Card Company to Use Its Bargaining Power to Shield Itself from Antitrust Liability

United States Supreme Court Allows Class-wide Arbitration, “However Good, Bad, or Ugly” 

Court Orders Mortgage Securitizer to Pay Mortgage Insurer $90.1 Million – Part II 

Court Orders Mortgage Securitizer to Pay Mortgage Insurer $90.1 Million – Part I 

Insurer Liable for Claimant’s Attorney Fees Despite Absence of Coverage

California Supreme Court to decide whether mere conduct can trigger liability insurance coverage for product disparagement or trade libel 

California Court of Appeal Limits Insurance Brokers’ Duties to Third Parties 

Supreme Court Tells Health Plans How to Take a “Free Ride” on Injured Beneficiaries’ Efforts to Recover from Responsible Third Parties 

California Appellate Court Provides Insurers with Road Map for How to Avoid California Supreme Court’s “Stacking” Ruling: Part II 

California Appellate Court Provides Insurers with Road Map for How to Avoid California Supreme Court’s “Stacking” Ruling: Part I

Determining Liability in “Mixed Motive” Employment Discrimination Cases: Part II 

Determining Liability in “Mixed Motive” Employment Discrimination Cases: Part I

Insured May “Substantially Comply” with Insurer’s Request for Examination under Oath without Showing Up 

Its Sports and a Lot More: California Supreme Court Extends Primary Assumption of Risk to “Recreational Activities”

Implications of Riverisland for Insurance Litigation

Reconsidering the Fraud Exception to the Parol Evidence Rule and Its Impact on Insurance

The Contraceptive Coverage Mandate and the “War on Religion” – Part III 

The Contraceptive Coverage Mandate and the “War on Religion” – Part II

The Contraceptive Coverage Mandate and the So-Called “War on Religion” – Part I

Patent Infringement and Advertising Injury in the Age of the Internet

California Supreme Court to Reexamine Prohibition on Assignment of Liability Coverage

The Affordable Care Act and Medicare Spending

Valuing Business Interruption Claims in the Post-Sandy Rapidly Changing Economy

Valuing Business Interruption Claims Following Superstorm Sandy: The Basics

Hurricane Sandy: “Contingent” Business Interruption

Hurricane Sandy: Ingress and Egress Claims in Contingent Business Interruption Coverage

Hurricane Sandy: The Problem of Storm Surge

Hurricane Sandy: Property Damage Claims 

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