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An Expert Witness for Insurance Companies and Policyholders

External link opens in new tab or window☎ 530-344-0239☎ 530-344-0239

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 to read his recent posts.

Insurance and Tort Law Blog Posts


External link opens in new tab or windowCalifornia Supreme Court Allows Vertical Exhaustion of Excess Coverage


External link opens in new tab or windowThe War Exclusion in the World of ISIS and Al-Qaeda 


External link opens in new tab or windowPollution Exclusion and Non-Traditional Forms of Environmental Damage

 

External link opens in new tab or windowInsured’s Options When Their Insurers Refuse to Settle: Massachusetts High Court Weighs in

 

External link opens in new tab or windowImplied Waiver of Attorney-Client Privilege in Insurance Bad Faith Litigation

 

External link opens in new tab or windowThe Evolving Nature of the Duty to Settle

 

External link opens in new tab or windowContracting Out of Unfavorable Insurance Law: The Enforceability of Insurance Policy Choice of Law Provisions

 

External link opens in new tab or windowThe Contraceptive Mandate and Religious Rights

 

External link opens in new tab or windowThe Future of Obama Care after Two Years of Trump: Did "Tax Reform" Kill the Affordable Care Act?

 

External link opens in new tab or windowForce-Placed Insurance and the Filed Rate Doctrine

 

External link opens in new tab or windowComputer Fraud Coverage and E-Mail Hacks

 

External link opens in new tab or windowHarvey and the Quasi-Fiduciary Duty to Settle


External link opens in new tab or windowIs Ledesma a Solution to the "Accident" Conundrum?

 

External link opens in new tab or windowLiberty Surplus Insurance Corp. v. Ledesma & Meyer Construction Co., Inc.: A Solution to the California "Accident" Conundrum? Part III

 

External link opens in new tab or windowLiberty Surplus Insurance Corp. v. Ledesma & Meyer Construction Co., Inc.: A Solution to the California "Accident" Conundrum? Part II

 

External link opens in new tab or windowLiberty Surplus Insurance Corp. v. Ledesma & Meyer Construction Co., Inc.: A Solution to the California "Accident" Conundrum? Part I

 

External link opens in new tab or windowRevising California's Jury Instructions on Insurance Bad Faith: Should a Settlement Demand Be Necessary?

 

External link opens in new tab or windowRevising 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?

 

External link opens in new tab or windowRevising California's Jury Instructions on Insurance Bad Faith: Should There Be a Second Reasonableness Inquiry?

 

External link opens in new tab or windowRevising California's Jury Instructions on Insurance Bad Faith: Tort Liability for Unreasonable Settlement Decisions


External link opens in new tab or windowRevising California's Jury Instructions on Insurance Bad Faith: The Nature of the Tort of Insurance Bad Faith

 

External link opens in new tab or windowRevising California's Jury Instructions on Insurance Bad Faith: Are the Twin Goals of Accuracy and Understandability in Conflict?

 

External link opens in new tab or windowEighth Circuit Allows Coverage for Wire Transfer Fraud after Employees Leaves Bank's Computers Vulnerable to Cyber Attack


External link opens in new tab or windowCalifornia Supreme Court Insulates Managed Care Organizations from Liability for Elder Abuse


External link opens in new tab or windowCalifornia Supreme Court Adds Clarity to United States Supreme Court's Guideposts for Evaluating Constitutionality of Punitive Damages in Insurance Bad Faith Case

 

External link opens in new tab or windowERISA Plan Beneficiary's Dissipation of Settlement Proceeds Precludes ERISA Plan Health Insurer from Enforcing Its Reimbursement Rights


External link opens in new tab or windowLiability of Insurers for Conduct of Insurer-Retained Defense Counsel under the Restatement, Law of Liability Insurance


External link opens in new tab or windowProtecting Confidential Communications under the Restatement, Law of Liability Insurance


External link opens in new tab or windowContra Proferentum and "Sophisticated Insureds" under the Restatement, Law of Liability Insurance


External link opens in new tab or windowThe Role of Extrinsic Evidence in Resolving Policy Ambiguity under the Restatement, Law of Liability Insurance


External link opens in new tab or windowThe Restatement, Law of Liability Insurance and the Elusiveness of Insurance Policy Plain Meaning


External link opens in new tab or windowThe Making of a Restatement

 

External link opens in new tab or windowWhy Every Lawyer Should Care about the Restatement, Law of Liability Insurance

 

External link opens in new tab or windowU.S. Supreme Court Refuses to Enforce Agreement to Permit Class-wide Arbitration

 

External link opens in new tab or windowTwo Recent Insurance Coverage Decisions May Increase Merger and Acquisition Activity 

 

External link opens in new tab or windowThe Importance of Context in Insurance Policy Interpretation

 

External link opens in new tab or windowSometimes Reading the Policy Is Not Enough

 

External link opens in new tab or windowCoverage for an Automobile's Use Is Broader Than Many Realize

 

External link opens in new tab or windowVicarious Liability of Health Insurers for Medical Negligence

 

External link opens in new tab or windowNew Guidance on Insurance Coverage for Product Disparagement Claims: Part II

 

External link opens in new tab or windowNew Guidance on Insurance Coverage for Product Disparagement Claims: Part I


External link opens in new tab or windowGuidance on Insurance Coverage for Cyber Attacks: Specialty Coverage

 

External link opens in new tab or windowGuidance on Insurance Coverage for Cyber Attacks: First-Party Coverage

 

External link opens in new tab or windowGuidance on Insurance Coverage for Cyber Attacks: CGL Property Damage Claims

 

External link opens in new tab or windowGuidance on Insurance Coverage for Cyber Attacks: "Advertising and Personal Injury"

 

External link opens in new tab or windowGuidance on Insurance Coverage for Cyber Attacks


External link opens in new tab or windowThe Nature of a Liability Insurer's Duty to Settle: Part II

 

External link opens in new tab or windowThe Nature of a Liability Insurer's Duty to Settle: Part I

 

External link opens in new tab or window"Product Disparagement" Coverage for Consumer False Advertising Claims

 

External link opens in new tab or windowInsured v. Insured Exclusions: Round II

 

External link opens in new tab or windowD&O Coverage for FDIC Lawsuits against a Failed Bank's Killers

 

External link opens in new tab or windowD&O Coverage Exclusions for Dishonesty and the Great Recession of 2008: The "In Fact" Requirement

 

External link opens in new tab or windowD&O Coverage Exclusions for Dishonesty and the Great Recession of 2008: The "Final Adjudication" Requirement

 

External link opens in new tab or windowConnecticut Supreme Court Gives Insurer First Crack at the Subrogation Pot


External link opens in new tab or windowDo Fidelity Bonds Cover Trading Losses?

 

External link opens in new tab or windowImplications of Allowing Unfair Competition Law Claims for Bad Faith Claims Handling: Zhang v. Superior Court

 

External link opens in new tab or windowZhang v. Superior Court: A New Statutory Bad Faith Claim?

 

External link opens in new tab or windowPractical Problems with Pennsylvania's New Approach to Control of Settlement Decisions

 

External link opens in new tab or windowPennsylvania Appellate Court Charts New Approach to Control of Settlement Decisions

 

External link opens in new tab or windowThe Battle between Insurers and Insureds for Control of Settlement Decisions

 

External link opens in new tab or windowInsurance Coverage for Construction Defects in South Carolina: The Supreme Court v. The Legislature

 

External link opens in new tab or windowInsurance Coverage for Construction Defects in South Carolina: The Construction Industry's Next Move

 

External link opens in new tab or windowVance v. Ball State University: U.S. Supreme Court Decides When Employers Are Vicariously Liable for Workplace Harassment

 

External link opens in new tab or windowJudicial Restraint Unbound: University of Texas Southwestern Medical Center v. Nassar

 

External link opens in new tab or windowIs the Relief Sought in Securities Fraud Lawsuits a Covered “Loss” under the Defendant’s D&O Policy?


External link opens in new tab or windowDirectors and Officers Liability Insurance Coverage for Fee Awards

 

External link opens in new tab or windowInsurance for Regulatory Investigations

 

External link opens in new tab or windowUnited States Supreme Court Allows Credit Card Company to Use Its Bargaining Power to Shield Itself from Antitrust Liability

 

External link opens in new tab or windowUnited States Supreme Court Allows Class-wide Arbitration, “However Good, Bad, or Ugly”

 

External link opens in new tab or windowCourt Orders Mortgage Securitizer to Pay Mortgage Insurer $90.1 Million – Part II

 

External link opens in new tab or windowCourt Orders Mortgage Securitizer to Pay Mortgage Insurer $90.1 Million – Part I

 

External link opens in new tab or windowInsurer Liable for Claimant’s Attorney Fees Despite Absence of Coverage

 

External link opens in new tab or windowCalifornia Supreme Court to decide whether mere conduct can trigger liability insurance coverage for product disparagement or trade libel

 

External link opens in new tab or windowCalifornia Court of Appeal Limits Insurance Brokers’ Duties to Third Parties

 

External link opens in new tab or windowSupreme Court Tells Health Plans How to Take a “Free Ride” on Injured Beneficiaries’ Efforts to Recover from Responsible Third Parties

 

External link opens in new tab or windowCalifornia Appellate Court Provides Insurers with Road Map for How to Avoid California Supreme Court’s “Stacking” Ruling: Part II

 

External link opens in new tab or windowCalifornia Appellate Court Provides Insurers with Road Map for How to Avoid California Supreme Court’s “Stacking” Ruling: Part I

 

External link opens in new tab or windowDetermining Liability in “Mixed Motive” Employment Discrimination Cases: Part II

 

External link opens in new tab or windowDetermining Liability in “Mixed Motive” Employment Discrimination Cases: Part I

 

External link opens in new tab or windowInsured May “Substantially Comply” with Insurer’s Request for Examination under Oath without Showing Up 

 

External link opens in new tab or windowIts Sports and a Lot More: California Supreme Court Extends Primary Assumption of Risk to “Recreational Activities”

 

External link opens in new tab or windowImplications of Riverisland for Insurance Litigation

 

External link opens in new tab or windowReconsidering the Fraud Exception to the Parol Evidence Rule and Its Impact on Insurance

 

External link opens in new tab or windowThe Contraceptive Coverage Mandate and the “War on Religion” – Part III

 

External link opens in new tab or windowThe Contraceptive Coverage Mandate and the “War on Religion” – Part II

 

External link opens in new tab or windowThe Contraceptive Coverage Mandate and the So-Called “War on Religion” – Part I

 

External link opens in new tab or windowPatent Infringement and Advertising Injury in the Age of the Internet

 

External link opens in new tab or windowCalifornia Supreme Court to Reexamine Prohibition on Assignment of Liability Coverage

 

External link opens in new tab or windowThe Affordable Care Act and Medicare Spending

 

External link opens in new tab or windowValuing Business Interruption Claims in the Post-Sandy Rapidly Changing Economy

 

External link opens in new tab or windowValuing Business Interruption Claims Following Superstorm Sandy: The Basics

 

External link opens in new tab or windowHurricane Sandy: “Contingent” Business Interruption

 

External link opens in new tab or windowHurricane Sandy: Ingress and Egress Claims in Contingent Business Interruption Coverage

 

External link opens in new tab or windowHurricane Sandy: The Problem of Storm Surge

 

External link opens in new tab or windowHurricane Sandy: Property Damage Claims

 


Address: 3450 Palmer Dr., Suite 4-285, Cameron Park, CA 95682 | Phone: External link opens in new tab or window530-344-0239 | Fax: 530-344-0189 | Email: jd@dimugnolaw.com

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