In The News

Berger Kahn’s Demurrer Sustained Without Leave to Amend

(filed under: In The News | August 13, 2012)

Berger Kahn Principals Jeff Crowe and David Ezra recently had a demurrer sustained without leave to amend in a case where they represented an insurance company against allegations of bad faith failure to defend.  The policyholder was sued in connection with a landlord/tenant dispute where discriminatory conduct was alleged.  The policyholder argued that there was a potential for coverage and a duty to defend under the policy’s “personal injury” coverage.  Berger Kahn was able to successfully point out that the policy’s “personal injury” coverage was tied to the “occurrence” definition.  Since no accidental conduct was alleged on the part of the policyholder, the court ruled in favor of Berger Kahn’s clients and against the plaintiff in the bad faith case, sustaining Berger Kahn’s demurrer without leave to amend on June 27, 2012.