Insurance Litigation | Home - Horvitz & Levy LLP

We have long been preeminent in the field of insurance appeals. We have represented insurers and leading insurance trade associations as parties and amici curiae in the appellate courts of California, in federal courts of appeals, and in many other jurisdictions. Our attorneys have handled literally hundreds of appeals involving cutting-edge issues of first-party and third-party coverage, excess and umbrella coverage, insurer defense obligations, bad faith, compensatory and punitive damages against insurers, and related issues.

Many of our appeals have resulted in groundbreaking and frequently-cited court opinions that have shaped the course of insurance law. In the California Supreme Court in particular, we have represented insurers as parties or amici curiae in the major insurance cases of the last two decades, including Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713; Jonathan Neil & Associates, Inc. v. Jones (2004) 33 Cal.4th 917; Hameid v. National Fire Ins. of Hartford (2003) 31 Cal.4th 16; Hamilton v. Maryland Cas. Co. (2002) 27 Cal.4th 718; Blue Ridge Ins. Co. v. Jacobsen (2001) 25 Cal.4th 489; Kazi v. State Farm Fire & Cas. Co. (2001) 24 Cal.4th 871; Kransco v. American Empire Surplus Lines, Ins. Co. (2000) 23 Cal.4th 390; Palmer v. Truck Ins. Exchange (1999) 21 Cal.4th 1109; Cates Construction, Inc. v. Talbot Partners (1999) 21 Cal.4th 28; Aerojet-General Corp. v. Transport. Indem. Co. (1997) 17 Cal.4th 38; Waller v. Truck Ins. Exchange, Inc. (1995) 11 Cal.4th 1; Montrose Chemical Corp. v. Admiral Ins. Co. (1995) 10 Cal.4th 645; J.C. Penney Casualty Ins. Co. v. M. K. (1991) 52 Cal.3d 1009; Prudential-LMI Insurance v. Superior Court (1990) 51 Cal.3d 674; and Moradi-Shalal v. Fireman’s Fund Ins. Companies (1988) 46 Cal.3d 287.

Our partners have served on the Insurance Law Committee of the Business Law Section of the State Bar of California and, since 2006, we have provided that committee with regular summaries of California appellate decisions on insurance law.

Contact Mitchell C. Tilner for more information about our Insurance Law practice.

Garcia v. GEICO

Ninth Circuit affirms summary judgment for insurer in bad faith action based on insurer’s decision not to accept policy limits settlement offer that would have released only one of two insureds.

Martinez Iriqui v. Latt

California Court of Appeal rules that trial court’s discovery and trial-scheduling rulings did not constitute a “structural error” requiring a new trial.

Always Smiling Productions, LLC v. Chubb National Insurance Company

Ninth Circuit affirms judgment for insurer in $35 million COVID-19 business interruption coverage dispute concerning production of the Apple TV+ series The Morning Show.

Allied Premier Ins. v. United Financial Cas. Co.

California Supreme Court holds commercial auto coverage does not persist indefinitely if insurer fails to cancel DMV certificates.

Yahoo!, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA

Ninth Circuit rejects insured’s argument for contract damages exceeding the benefit of the insurance bargain

Oak Park Unified School District v. Philadelphia Indemnity Insurance Co.

Ninth Circuit affirms summary judgment for Horvitz & Levy’s client in insurance bad faith action

Pinto v. Farmers Insurance Exchange

Court of Appeal holds that an insurer’s failure to accept a reasonable settlement demand is not per se unreasonable, disapproving a controversial model jury instruction

Philadelphia Indemnity Insurance Company v. Sabal Insurance Group

Eleventh Circuit affirms summary judgment for insurer in coverage claim for amounts paid to resolve criminal grand theft charges

Insurance Co. of the State of Pennsylvania v. County of San Bernardino

Ninth Circuit affirms favorable judgment for insurer in high-stakes coverage dispute over the stacking of policy limits.

McDonold v. Superior Court

Court of Appeal affirms that counsel for an excess insurer did not represent its insureds as joint clients in a tripartite relationship when attempting to negotiate a settlement on their behalf.

TIG Insurance v. Culpepper

Qui tam action against perpetrator of insurance fraud reinstated.

PSM Holding Corp. v. Nat'l Farm Fin. Corp.

Ninth Circuit rules on consequences of enforcing a money judgment pending appeal.

Victaulic v. American Home Assurance Company

Court of Appeal reverses $52 million Brandt fee and punitive damages award in insurance bad faith case.

Bamberger v. National Union Fire Ins. Co., et al.

Ninth Circuit rules for insurer in bad faith and coverage action.

ProBuilders Specialty Insurance Company, RRG v. Valley Corp B.

Ninth Circuit affirms partial district court judgment in favor of Insurer based on proper jury instructions

Sarkisyan v. Newport Insurance Company

Court of Appeal affirms denial of class certification in favor of insurance company based on plaintiff’s failure to prove existence of ascertainable class and sufficient community of interest

Olympic and Georgia Partners v. Arch Specialty Insurance Co.

California Court of Appeal rules for H&L clients in insurance coverage dispute over major repairs to Ritz-Carlton residences

Fireman's Fund Insurance Co. v. Heller

California Court of Appeal affirms summary judgment for insurer in rescission action

Milhouse v. Travelers Commercial Ins. Co.

Ninth Circuit rules in favor of insurer in dispute over payment of benefits for home destroyed in wildfire

Big 5 Sporting Goods Corp. v. Zurich American Insurance Co. and Hartford Fire Insurance Co.

Ninth Circuit holds that insurer owes no duty to defend policyholder against consumer class actions

Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C.

California Supreme Court permits insurers to seek reimbursement directly from Cumis counsel for objectively unreasonable billings.

Cromer v. Bristol West Insurance Group/Coast National Insurance Co.

Nevada Supreme Court affirms judgment for insurance company after jury trial in insurance bad faith case.

Albert v. Mid-Century Insurance Co.

California Court of Appeal holds that trespass to trees is not covered by a general liability policy.

Intransit, Inc. v. Travelers Property & Casualty Co.

Ninth Circuit reverses judgment against insurer, finding that district court misapplied Oregon principles of policy interpretation.

Kmart Corporation v. Hartford Fire Insurance

California Court of Appeal affirms judgment for insurer on duty-to-defend issue and reinstates insurer’s claim for reimbursement.

Morrison v. Fire Insurance Exchange

Nevada Supreme Court holds that homeowner’s insurance policy does not cover policyholder for intentionally punching someone in the face.

American States Ins. Co. v. Ramirez

California Court of Appeal reverses $6 million judgment in insurance coverage dispute and orders entry of judgment for the defendant.

State Farm General Insurance Co. v. Frake

California Court of Appeal holds insured’s deliberate act is not an ‘accident,’ and thus does not trigger liability insurer’s duty to defend, even if resulting injury was unintentional.

Behnke v. State Farm General Insurance Co.

California Court of Appeal affirms pre-trial dismissal of policyholder's claims for breach of contract, misrepresentation, and bad faith in dispute over Cumis fees.

Fire Insurance Exchange v. Superior Court

California Court of Appeal issues writ of mandate, directing trial court to grant summary judgment in favor of insurer in coverage dispute.

Mnatsakanyan v. CalFarm Insurance Company

Court of Appeal reverses $4.6 million judgment on arbitration award.

Baker v. National Interstate Insurance Company

California Court of Appeal reverses $12 million judgment in insurance coverage dispute and orders entry of judgment for the defendant.

Griffin Dewatering Corp. v. Northern Ins. Co. of New York

California Court of Appeal reverses an $11 million judgment, including $10 million in punitive damages, and orders entry of judgment for the defendant in insurance bad faith case.

Northrop Grumman Corp. v. Factory Mut. Ins. Co.

Ninth Circuit rules for insurer in dispute over insurance coverage for $1 billion in storm surge flood damage caused by Hurricane Katrina.

Madrigal v. Allstate Indemnity Company

Amicus curiae brief on behalf of insurance trade associations addressing whether an insurer can be held liable for bad faith under a "duty to settle" theory when the insurer offers policy limits within a reasonable period of time, even if shortly after an artificial deadline imposed by a third-party claimant.

Farmers Insurance Co. of Washington v. Moratti

United States Supreme Court amicus brief arguing that "covenant judgments" between insurance policyholders and third-party tort claimants are inherently collusive, and that Washington courts violate due process by conclusively presuming that the amounts of such judgments are the measure of damages in subsequent bad faith actions against insurers.

Ballester v. Superior Court

Petition for review asking the California Supreme Court to overrule Colonial Life & Accident Ins. Co. v. Superior Court (1982) 31 Cal.3d 785 to the extent it permits discovery of private non-party information that is not directly relevant to pending litigation.

Jonathan Neil & Associates, Inc. v. Jones

California Supreme Court amicus brief arguing against the proposition that tort remedies should be available when insurer has in bad faith retroactively billed an insured for an excessive premium.

Hameid v. National Fire Ins. of Hartford

California Supreme Court amicus brief arguing that covered "advertising injury" under CGL policy required widespread promotion to the public; insurer had no duty to defend insured against competitor's action alleging misappropriation of secret customer list and one-on-one solicitation of a few customers.

Hamilton v. Maryland Cas. Co.

California Supreme Court amicus brief arguing that insurer that defends insured but refuses policy limits settlement offer is not bound by stipulated judgment entered pursuant to settlement agreement between insured and third party not approved by insurer, and insurer is not liable for breach of duty to settle based on stipulated judgment.