Legal Insights for the Insured

Ronald A. Valenzuela

Ronald A. Valenzuela

Associate

Ronald A. Valenzuela is an associate in the Litigation Department and is a member of the Insurance Recovery & Counseling Group. He represents policyholders in disputes of all kinds with insurers and has extensive experience in other complex litigation matters including product liability, mass tort, environmental and consumer cases.

Ronald’s insurance coverage practice ranges from large environmental and product claims to complex property and business interruption losses. He also handles disputes under director and officer, errors and omissions and fiduciary liability policies. In addition to litigating coverage claims throughout the country, Ronald advises clients on complex underwriting and risk management issues, including counseling on insurance policy terms and insurance policy audits. For example, he recently advised a large real estate developer on the availability of coverage for Chinese Drywall claims under third-party general liability and first-party property insurance policies. He also has significant experience in counseling biotechnology companies in product liability and insurance matters arising from clinical trials of investigational new drugs.

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Another State Court Limits the Enforceability of Anti-Assignment Clauses

We recently wrote about the California Supreme Court’s decision in Fluor Corporation v. Superior Court to limit the enforceability of clauses in third party liability insurance policies that prohibit the policyholder from assigning its interests in the policy without the insurer’s prior consent. The court held that these so-called anti-assignment clauses are not enforceable after … Continue Reading

California Supreme Court Limits Enforceability of Anti-Assignment Clauses

In a unanimous decision handed down by the California Supreme Court yesterday afternoon in Fluor Corporation v. Superior Court, the court removed a significant obstacle facing companies that want to assign their interests in a third party insurance policy to a successor company as part of a corporate restructuring or sale. It held that an … Continue Reading

Georgia Supreme Court Complicates Policyholders’ Ability to Settle Claims Brought Against Them

As we previously reported here, the U.S. Court of Appeals for the Eleventh Circuit asked the Georgia Supreme Court to weigh in on the coverage dispute in Piedmont Office Realty Trust, Inc. v. XL Specialty Insurance Co. concerning consent-to-settle and no-action provisions in an excess insurance policy. The state high court’s answer was a disappointing … Continue Reading

Policyholders Face Uncertainty after Lapse of Terrorism Risk Insurance Program

Congress’ failure to renew the Terrorism Risk Insurance Program Reauthorization Act (“TRIPRA”), a 2007 extension of the 2002 Terrorism Risk Insurance Act, could have significant implications for companies that rely upon property or casualty policies to manage risk.  TRIPRA expired on December 31, 2014, potentially triggering policy endorsements that exclude coverage, previously provided under those … Continue Reading

Sixth Circuit Says Misappropriation of Customer List Not Insured Under Advertising Injury Liability Coverage

The Sixth Circuit Court of Appeals recently ruled that Liberty Corporate Capital did not have to defend a firearms retailer in a lawsuit alleging that the retailer improperly obtained and used its competitor’s customer list to send e-mail blasts about its own products.  The customer list did not qualify as a misappropriated “advertising idea,” according … Continue Reading

Federal Judge Concludes Restitution May Be Covered Under Commonly Used Professional Liability Policy Language

A federal judge in Minnesota recently held that “restitution” paid to settle a class action lawsuit was covered under the terms of a professional liability policy.  The court in U.S. Bank National Ass’n et al. v. Indian Harbor Ins. Co. et al. rejected the argument frequently used by directors and officers (“D&O”) insurance carriers that … Continue Reading

D&O Coverage: What’s Necessary for Government Protection

Steven Gilford and John Failla recently authored an article for National Underwriter explaining that D&O insurance is more important than ever because of heightened regulatory scrutiny of a wide range of issues including accounting improprieties, antitrust, and Foreign Corrupt Practices Act (FCPA) investigations. Click here to read the article.  … Continue Reading

Pennsylvania Superior Court Finds Coverage Under CGL Policy For Product Defect Claims

Policyholders seeking defense costs for products liability claims received welcome support from a Pennsylvania appellate court which rejected an excessively restrictive view of the scope of coverage offered under commercial general liability (CGL) policies.  The court in Indalex, Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., reversed, or at least slowed, what appeared … Continue Reading
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