David M. Plouff

Articles:

• Axis Surplus Insurance Company v. Glencoe Insurance Ltd., (2012) 204 Cal.App.4th 1214
• Burns et al. v. California Fair Plan et al., (2007) 152 Cal.App.4th 646
• Co-author, Morris Polich & Purdy’s California and Nevada Insurance Coverage Newsletter, 2017 Vol.2
  • “Standard Property Damage Exclusions Bar Coverage for Damage to the General Contractor’s Project”
  • “Insurer’s Negligent Failure to Accept a Settlement Offer is not a Bad Faith Breach of the Duty to Settle”
  • “No Duty to Indemnify Where Insured Settled without Obtaining Insurer’s Prior Written Consent”
  • “‘Insured Versus Insured’ Exclusion Bars Coverage for Claims by Receiver Against Bank Officers”
  • “Financial Services Exclusion and Insurance Code Section 533 Bar Coverage for Fraudulent Mortgage Modification Program”
  • “Insurer’s Motion for Judgment on the Pleadings Was Denied Because Its Refusal to Accept a Policy Limits Settlement Demand was not Objectively Reasonable”
• Co-author, Morris Polich & Purdy’s Environmental Law Newsletter, February 2017, “Duty to Defend in Environmental Contamination Lawsuit Because ‘Sudden and Accidental’ Exception to Chemical Discharge Exclusion Applied”
• Co-author, Morris Polich & Purdy’s California and Nevada Insurance Coverage Newsletter, 2017 Vol.1
  • “No Duty to Pay Judgment Because Insured’s Deliberate Acts Were Not an ‘Occurrence'”
  • “Duty to Defend in Environmental Contamination Lawsuit Because ‘Sudden and Accidental’ Exception to Chemical Discharge Exclusion Applied”
  • “Excess Policy Which ‘Follows Form’ With Underlying Primary Does Not Incorporate the Limits of Liability of the Primary Policy”
• Co-author, Morris Polich & Purdy’s California and Nevada Insurance Coverage Newsletter, 2016 Vol.4
  • “Insurer Committed Bad Faith by Refusing to Accept Settlement Agreement That Preserved the Insured’s Legal Right to Court Ordered Restitution”
  • “Three ‘Per Claim’ Deductibles Required Where Only Three Indemnity Cross-Complaints Were Filed Against Insured, Despite Fact That Indemnity Was Sought With Respect to Hundreds of Homeowners’ Claims”
  • “No Coverage Where Construction Defect Action Alleged That the Insured Observed Faulty Workmanship but Refused to Correct It Knowing that Injury was a Probable Result”
  • “Insurer Owed No Duty to Pay Judgment Against Insured Because the Self-Insured Retention Had Not Been Satisfied”
• Co-author, Morris Polich & Purdy’s California and Nevada Insurance Coverage Newsletter, 2016 Vol.3
  • “Post-Verdict Award of Brandt Fees May Be Included in Punitive-Compensatory Damages Ratio When Determining Constitutionality of Punitive Award”
  • “Denial of Disability Claim More Than Three Years After Policy Was Issued Violated Policy’s Incontestability Clause and Nevada Law”
  • “Surplus Lines Broker Must Notify Insured That Policy Does Not Contain Requested Coverage”
• Co-author, Morris Polich & Purdy’s California and Nevada Insurance Coverage Newsletter, 2016 Vol.2
  • “Insured’s Valid Defense to Action is Not Grounds For Denying Coverage”
  • “Trial Court Erred When It Set Aside Insurer’s Default Judgment Against Its Insured”
  • “Uninsured Motorist Claim is not Covered Under Excess Liability Policy”
• Co-author, Morris Polich & Purdy’s California and Nevada Insurance Coverage Newsletter, 2016 Vol.1
  • “Insured’s Prior Knowledge of Damage to His Own Work Does not Constitute Knowledge of Damage His Work Caused to the Work of Others”
  • “Equitable Contribution Required All Primary Insurers to Contribute on a Pro-Rata Basis Regardless of the Type of “Other Insurance” Clause in Their Policies”
  • “Defending Insurer is not Bound by Insured’s Stipulated Excess Judgment Made Without the Insurer’s Participation or Commitment to Pay the Insured’s Part of the Judgment”

Presentations

• Co-presenter, “Reservation of Rights and the Insured’s Right to Personal Counsel,” presented to Mercury Insurance on behalf of The Council on Litigation Management