Articles Written by Mr. DiMugno

DiMugno, "Implications of COVID-19 for the Insurance Industry and Its Customers," 42 Insurance Litigation Reporter 185 (Thomson Reuters 2020)

DiMugno, "Texas v. United States: Fifth Circuit Strikes Down Affordable Care Act's Individual Mandate; Supreme Court Action Uncertain," 42 Insurance Litigation Reporter 32 (Thomson Reuters 2020)

DiMugno, "The Future of the Affordable Care Act after Two Years of Trump," 41 Insurance Litigation Reporter 33 (Thomson Reuters 2019)

DiMugno, "A Call for Legislative Action: What Must an Insurer Do When an Insured Loses Its Corporate Status," 40 Insurance Litigation Reporter 517 (Thomson Reuters 2018)

DiMugno, "The American Law Institute's Restatement, Law of Liability Insurance: A Final Update," 40 Insurance Litigation Reporter 256 (Thomson Reuters 2018)

DiMugno, "Contracting Out of Unfavorable Insurance Law: The Enforceability of Insurance Policy Choice of Law Provisions," 40 Insurance Litigation Reporter 145 (Thomson Reuters 2018)

DiMugno, "From Principles to Restatement: The Impact of the American Law Institute’s Restatement, Law of Liability Insurance on American Insurance Law," 39 Insurance Litigation Reporter 151 (Thomson Reuters 2017)

DiMugno, "Liberty Mutual Surplus Lines, Inc. v. Ledesma & Meyer Construction Co.: A Solution to California's Accident Conundrum?" 39 Insurance Litigation Reporter 81 (Thomson Reuters 2017)

DiMugno, "Revising California's Jury Instructions on Insurance Bad Faith: Are the Twin Goals of Accuracy and Understandability in Conflict," 28 California Insurance Law & Regulation Reporter 155 (Thomson Reuters 2016).

DiMugno, "Hartford Casualty Insurance Company v. J.R. Marketing: New Questions about California’s Independent Counsel Statute," 38 Insurance Litigation Reporter 232 (Thomson Reuters 2016).

DiMugno, "From Principles to Restatement: The Impact of the American Law Institute's Restatement, Law of Liability Insurance on American Insurance Law," 37 Insurance Litigation Reporter 569 (Thomson Reuters 2015).

DiMugno, "From Principles to Restatement: The Impact of the American Law Institute's Restatement, Law of Liability Insurance on California Insurance Law," 27 California Insurance Law & Regulation Reporter 203 (Thomson Reuters 2015).

DiMugno, "Federal Preemption of State Law Bans on Discretionary Review of ERISA Health and Disability Benefit Denials," 37 Insurance Litigation Reporter 404 (Thomson Reuters 2015).

DiMugno, "Book Review: Lender Force-Placed Insurance Practices," 37 Insurance Litigation Reporter 281 (Thomson Reuters 2015).

DiMugno, "Young v. United Parcel Service, Inc.: The United States Supreme Court Breathes New Life into the Pregnancy Discrimination Act," 36 California Tort Reporter 147 (Thomson Reuters 2015).

DiMugno, "Insurance for Financial Catastrophe: Lessons from the Subprime Mortgage Crisis," 36 Insurance Litigation Reporter 365 (Thomson Reuters 2014).

DiMugno, "Implications of Financial System Reform for the Insurance Industry," 36 Insurance Litigation Reporter 325 (Thomson Reuters 2014).

DiMugno, "Rights of Bank Regulators under a Failed Bank's Fidelity Insurance," 36 Insurance Litigation Reporter 241 (Thomson Reuters 2014).

DiMugno, "The Problem of Causation in Disputes over a Failed Bank's Fidelity Insurance," 36 Insurance Litigation Reporter 185 (Thomson Reuters 2014).

DiMugno, "The Unique Characteristics of a Liability Insurer's "Quasi"-Fiduciary Duty to Settle," 36 Insurance Litigation Reporter 129 (Thomson Reuters 2014).

DiMugno, "Recall Total Information Management Inc. v. Federal Insurance Company: Guidance on Insurance Coverage for Cyber Attacks," 36 Insurance Litigation Reporter 5 (Thomson Reuters 2014).

DiMugno, "D&O Coverage for FDIC Lawsuits against a Failed Bank's Killers," 35 Insurance Litigation Reporter 597 (Thomson Reuters 2013).

DiMugno, "Conduct Exclusions and the Subprime Mortgage Crisis," 35 Insurance Litigation Reporter 565 (Thomson Reuters 2013).

DiMugno, “United States Supreme Court Curtails Federal Protection of Consumers and Employees,” Vol. 34, No. 7, California Tort Reporter (August 2013).

DiMugno, “The Affordable Care Act’s Contraceptive Coverage Mandate,” 35 Insurance Litigation Reporter 5 (Thomson Reuters 2013).

DiMugno, “Reconsidering the Fraud Exception to the Parol Evidence Rule and Its Impact on Insurance: Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit,” 35 Insurance Litigation Reporter 101 (Thomson Reuters 2013).

DiMugno, “The Evolving Law on Federal Preemption of Extracontractual Claims against Medicare Advantage Plans,” 23 Experience 18 (American Bar Association 2013).

DiMugno, “The Affordable Care Act after the Supreme Court’s Ruling,” 22 Experience 10 (American Bar Association 2012).

DiMugno, “Does the Affordable Care Act 'Cut' Medicare Spending?” 22 Experience 17 (American Bar Association 2012).

DiMugno, “The Future of the Patient Protection and Affordable Care Act, aka Obama Care,” 34 Insurance Litigation Reporter 108 (Thomson Reuters 2012).

DiMugno, “Navigating the Waters of Health Care Reform: The Supreme Court’s Ruling and the Choppy Waters Ahead,” 34 Insurance Litigation Reporter 252 (Thomson Reuters 2012).

DiMugno, “California Supreme Court Permits 'Stacking' of Limits of Successive Liability Policies Triggered by Continuous Loss: State of California v. Continental Insurance Co.,” 34 Insurance Litigation Reporter 357 (Thomson Reuters 2012).

DiMugno, “Insurance Coverage for Loss of Business Income Following Hurricane Sandy,” 34 Insurance Litigation Reporter 532 (Thomson Reuters 2012).

DiMugno, “The Future of Unfair Competition Law Litigation: New Guidelines from the California Supreme Court,” 33 Insurance Litigation Reporter 53 (Thomson Reuters 2011).

DiMugno, “CIGNA Corporation v. Amara: A New Day for Equitable Monetary Relief under ERISA?” 33 Insurance Litigation Reporter 281 (Thomson Reuters 2011).

DiMugno, “Patent Infringement and Advertising Injury in the Age of the Internet,” 33 Insurance Litigation Reporter 581 (Thomson Reuters 2011).

DiMugno, “Roehl Transport, Inc. v. Liberty Mutual Insurance Company: Wisconsin Supreme Court Prohibits Liability Insurers from Gambling with Policyholders’ Deductibles,” 32 Insurance Litigation Reporter 375 (Thomson Reuters 2010).

DiMugno, “The Significance of Burdens of Proof in Hurricane Cases,” International Association of Defense Counsel, Property Insurance Committee Newsletter, May 7, 2009.

DiMugno, “California Appellate Court Permits ‘Stacking’ of Limits of Successive Liability Policies Triggered by Continuous Loss: State of California v. Continental Insurance Co.,” 31 Insurance Litigation Reporter 45 (Thomson Reuters 2009).

DiMugno, “California Supreme Court Breathes New Life into Unfair Competition Law Claims: In re Tobacco II Cases,” 31 Insurance Litigation Reporter 297 (Thomson Reuters 2009).

DiMugno, “Corban v. United Services Automobile Association: The Mississippi Supreme Court’s Response to the Fifth Circuit’s Hurricane Katrina Jurisprudence,” 31 Insurance Litigation Reporter 593 (Thomson Reuters 2009).

DiMugno, “Safeco Insurance Company v. Burr: The United States Supreme Court Creates New Guidelines for the Use of Credit Reports in Underwriting Insurance,” 29 Insurance Litigation Reporter 453 (Thomson Reuters 2007).

DiMugno, “Segmentation of Flood and Wind Coverage in the Wake of Hurricane Katrina,” 29 Insurance Litigation Reporter 693 (Thomson Reuters 2007).

DiMugno, “The Effect of an Insured’s Bankruptcy on the Scope of Liability Insurance Coverage: Fuller-Austin Insulation Company v. Highlands Insurance Company,” 28 Insurance Litigation Reporter 101 (Thomson Reuters 2006).

DiMugno, “California Supreme Court Clarifies How State Unfair Competition Law’s New Standing Requirements Apply to Pending Actions But Raises Questions about Long-Term Effect of the Law on Insurance Industry: Californians for Disability Rights v. Mervyn’s LLC and Branick v. Downey Savings & Loan Association,” 28 Insurance Litigation Reporter 461(Thomson Reuters 2006).

DiMugno, "Structural Conflicts of Interest and Abuse of Discretion Review in ERISA Benefits Litigation: The Ninth Circuit Charts a New Course in Abatie v. Alta Health & Life Insurance Company,” 458 F.3d 955 (9th Cir. 2006), 28 Insurance Litigation Reporter 537 (Thomson Reuters 2006).

DiMugno, “Private Rights of Action to Enforce California’s Ratemaking Statute: Do They Exist?” 27 Insurance Litigation Reporter 73 (West Publishing 2005).

DiMugno, “Johnson v. Ford Motor Co. and Simon v. San Paolo U.S. Holdings Co.: The California Supreme Court Clarifies of the United States Supreme Court’s ‘Marching Orders’ on Punitive Damages,” 27 Insurance Litigation Reporter 573 (West Publishing 2005).

DiMugno, “Haynes v. Farmers Insurance Exchange: The California Supreme Court Weighs in on Policy Endorsements and the Requirement of Conspicuousness,” 26 Insurance Litigation Reporter 321(West Publishing 2004).

DiMugno, “If Changing the Facts Doesn’t Work, Change the Law: Johnson Controls, Inc. v. Employers Insurance of Wausau,” 25 Insurance Litigation Reporter 433 (West Publishing 2003).

DiMugno, “The Shifting Tides of Insurance Policy Interpretation: Does McKinnon v. Truck Insurance Exchange Change How Courts Will Interpret Insurance Policies?” 25 Insurance Litigation Reporter 565 (West Publishing 2003).

DiMugno, “Consent Judgments and Covenants Not to Execute: Good Deals or Too Good to Be True? Part I,” 25 Insurance Litigation Reporter 5 (West Publishing 2003).

DiMugno, “Consent Judgments and Covenants Not to Execute: Good Deals or Too Good to Be True?” Part II, 24 Insurance Litigation Reporter 731(West Publishing 2002).

DiMugno, “The Americans with Disabilities Act and Insurance,” 20 Insurance Litigation Reporter 640 (West Publishing 1998).

DiMugno, “Montrose v. Admiral Insurance Company: The California Supreme Court’s Attempt to Clean up the Coverage Mess,” 17 Insurance Litigation Reporter 308 (Shepard’s/McGraw-Hill, Inc. 1995).

DiMugno & Kaufman, “Dangers in Insurer’s “Buy-Back” or “Buy-Out” of Liability Policies or Coverages,” 6 California Insurance Law & Regulation Reporter 140 (Shepard’s/McGraw-Hill, Inc. 1994).

DiMugno, “Armstrong World Industries, Inc. v. Aetna Casualty & Surety Co.: A Gamble Lost?” 16 Insurance Litigation Reporter 4 (Shepard’s/McGraw-Hill, Inc. 1994).

DiMugno, “20th Century Insurance Co. v. Garamendi: California’s Supreme Court Gives Regulators Broad Authority to Determine Minimum Constitutionally Permissible Insurance Rates,” 16 Insurance Litigation Reporter 427 (Shepard’s/McGraw-Hill, Inc. 1994).

DiMugno, “Proposition 103: California’s New Insurance Rate Regulation Scheme,” 1 California Insurance Law and Regulation Reporter 1 (Shepard’s/McGraw-Hill, Inc. 1989).

DiMugno, “Browning-Ferris Industries v. Kelco Enterprises, Inc.: A Pyrrhic Victory for Plaintiffs?”11 Insurance Litigation Reporter 311 (Shepard’s/McGraw-Hill, Inc. 1988).

DiMugno, “Constitutional Defenses in Insurance Bad Faith Litigation,” 1 Insurance Law Briefings 1 (Shepard’s/McGraw-Hill, Inc. 1988).

DiMugno, “Insurance Coverage for Asbestos Property Damage Claims—Part I,” 1 Insurance Law Briefings 13 (Shepard’s/McGraw-Hill, Inc. 1988).

DiMugno, “Insurance Coverage for Asbestos Property Damage Claims—Part II,” 1 Insurance Law Briefings 29 (Shepard’s/McGraw-Hill, Inc. 1988).

DiMugno, “Litigating Bad Faith Claims against Group Insurers after Pilot Life Insurance Co. v. Dedeaux,” 1 Insurance Law Briefings 45 (Shepard’s/McGraw-Hill, Inc. 1988).

DiMugno, “The AIDS Crisis: What it Means for the Insurance Industry,” 1 Insurance Litigation Reporter 59 (Shepard’s/McGraw-Hill, Inc. 1988).

DiMugno, “Coverage Disputes and the Insurer’s Duty to Defend,” 1 Insurance Law Briefings 75 (Shepard’s/McGraw-Hill, Inc. 1988).

DiMugno, “Insurance Coverage for Hazardous Waste Cleanup Costs,” 1 Insurance Law Briefings 89 (1988).

DiMugno, “Choice of Law in Complex Insurance Coverage Litigation,” 1 Insurance Law Briefings 113 (Shepard’s/McGraw-Hill, Inc. 1988).

DiMugno, “Choice of Forum in Complex Insurance Coverage Litigation,” 1 Insurance Law Briefings 137 (Shepard’s/McGraw-Hill, Inc. 1988).

DiMugno, “Insurance Coverage for Intentional and Criminal Acts: An Overview,” 1 Insurance Law Briefings 151 (Shepard’s/McGraw-Hill, Inc. 1988).

DiMugno, “Insurance Coverage for Intentional and Criminal Acts: Special Issues,” 1 Insurance Law Briefings 179 (Shepard’s/McGraw-Hill, Inc. 1988).

DiMugno, “How Long Is ERISA’s Preemptive Reach?—The Aftermath of Pilot Life Insurance Company v. Dedeaux,” 9 Insurance Litigation Reporter 226 (Shepard’s/McGraw-Hill, Inc. 1987).

DiMugno, “Aetna v. Lavoie: Does Bad Faith Law Raise Issues of Constitutional Dimension?” 8 Insurance Litigation Reporter 870 (Miller Freeman Publishing 1986).