Chip Cox

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  January 9, 2024

  Cal. Ins. Code section 533 does not bar coverage for a California statutory claim of employer retaliation for refusal to engage in illegal activity

  The California Court of Appeals revisited the question of what alleged conduct is “wilful” and subject to California Insurance Code section 533 in City of Whittier v. Everest Nat’l Ins. Co., 97 Cal.App.5th 895 (2023). City of Whittier addressed a dispute regarding coverage for the settlement of a California statutory claim for employer retaliation.  Plaintiffs…