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Partner Joan Cotkin Quoted by Law360 On Three Key 9th Circ. Insurance Cases

08/17/2017 Law360

Nossaman Partner Joan Cotkin was quoted in the Law360 article, “5 Key 9th Circ. Insurance Cases To Watch This Fall.” The article examined five important insurance cases scheduled to be heard later this year. In the case of Office Depot v. AIG, in which Office Depot seeks to reverse the prior ruling that hinged on the judge’s interpretation of California Insurance Code Section 533, Ms. Cotkin felt Home Depot’s odds of obtaining a reversal were good. She added, "this could potentially have broad implications because of the types of litigation out there." 

Concerning Davies Lemmis Raphaely Law Corp. v. Liberty, in which Davies Lemmis is arguing that multiple claims should not have been bundled together into a single claim, Ms. Cotkin noted, "there is a degree of commonality to some of the claims, but it will likely turn on whether the Ninth Circuit applies a primary rights analysis or common scheme/pattern and practice analysis." She added, "there is some legal support for both concepts. In the context of these 23 transactions with different investors and seven different lawsuits it is clearly outside the California Supreme Court holding in Bay Cities which turned on the primary rights analysis."

In the instance of Colony Insurance Co. v. Victory Construction LLC, at stake is whether the Oregon federal court ruling that carbon monoxide poisoning fell outside the pollution exclusion in an insurance policy should be reversed. Ms. Cotkin said the case is important because "the district court appeared to presume that the Oregon Supreme Court would interpret the pollution exclusion literally, because of Oregon rules of construction, which include the four corners rule, just considering the policy and the complaint, ignoring reasonable expectations of the insured and focusing purely on the language in the insurance policy."

The full article can be read here.

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