David L. Blinn

David L. Blinn

Low, Ball & Lynch

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Insurance Coverage – Duty to Defend – Recovery From Cumis Counsel

Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C., et al. - California Supreme Court (August 10, 2015) - Under the Independent Counsel provisions of Civil Code Section 2860, a carrier that defends has...more

8/17/2015 - Attorney's Fees CA Supreme Court Civil Code Cumis Counsel Duty to Defend Hartford Casualty Ins. Insurance Litigation

Insurance Coverage – Duty to Defend – Intentional Acts

Shelly Albert v. Mid-Century Insurance Company - Court of Appeal, Second Appellate District (May 20, 2015) - Generally, when an act by an insured is intentional, Courts have consistently held that there is no...more

6/8/2015 - Appeals Breach of Contract Duty to Defend Insurance Litigation Policy Exclusions Property Damage

Insurance – Property Casualty – Vandalism Exclusion

Hung Van Ong v. Fire Insurance Exchange - Court of Appeal, Second Appellate District (April 3, 2015) - California’s standard form for fire insurance policies (Insurance Code section 2071) requires coverage for...more

5/5/2015 - Appeals Casualty Insurance Insurance Litigation Policy Exclusions Vandalism

Insurance – Duty to Defend

Gonzalez v. Fire Insurance Exchange, et al. - Court of Appeal, Sixth Appellate District (March 4, 2015) - Typically, claims of sexual assault or claims related to sexual assault are not covered under a standard...more

4/6/2015 - Appeals Duty to Defend Insurance Industry Occurrence Policy Exclusions Sexual Assault

Underinsured Motorist Insurance – Allowable Offsets to Limits

Christina Elliott v. Geico Indemnity Company - Court Of Appeal, Third Appellate District (November 19, 2014)- In California, Uninsured Motorist (“UM”) Coverage and Underinsured Motorist (“UIM”) Coverage are...more

12/16/2014 - Car Accident GEICO Uninsured and Under-Insured Motorists

Torts – Negligence – Assumption of the Risk

Tanya Honeycutt v. Meridian Sports Club, LLC - Court Of Appeal, Second Appellate District (November 6, 2014) - The primary assumption of the risk doctrine has been used by courts to provide immunity from suit...more

12/8/2014 - Appeals Assumption of the Risk Duty of Care Negligence Recreation Sports

Insurance Coverage – Duty to Defend – Sexual Assault Claim

Insurance Coverage – Duty to Defend – Sexual Assault Claim - Court Of Appeal, Second Appellate District (October 6, 2014) - Most commercial general liability policies provide coverage for negligent acts only. ...more

11/7/2014 - Appeals Commercial General Liability Policies Duty to Defend Massage Therapists Sexual Assault Vicarious Liability

Insurance Coverage – Auto Exclusion for “Nonrelative Resident” not Permitted

Insurance Coverage – Auto Exclusion for “Nonrelative Resident” not Permitted - Court Of Appeal, Fourth Appellate District (September 24, 2014)- Many automobile policies have exclusions against coverage for...more

10/17/2014 - Appeals Auto Insurance Car Accident Family Members Policy Exclusions

Insurance – Broker v. Agent Status as Affecting Liability Against Insurer

Douglas v. Fidelity National Insurance - California Court Of Appeal, First Appellate District (August 29, 2014) - Persons who solicit, sell or negotiate insurance contracts are known generically as “producers,”...more

9/12/2014 - Appeals Bad Faith Contract Formation Insurance Agents Insurance Brokers Property Insurance

Insurance Coverage – Duty to Defend – Construction Defects

Regional Steel Corporation v. Liberty Surplus Insurance Corporation - Court of Appeal, Second Appellate District (June 13, 2014) - There has been a split of decisions in California as to whether incorporation of...more

7/21/2014 - Appeals Commercial General Liability Policies Construction Contracts Construction Defects Cross-Complaints Duty to Defend Manufacturing Defects Property Damage

Insurance Coverage – Bad Faith – Uninsured Motorist Arbitration

Ted Maslo v. Ameriprise Auto & Home Insurance - Court of Appeal, Second Appellate District (June 27, 2014) - When an auto insurer and the insured cannot agree on the value of an uninsured motorist claim, either...more

7/18/2014 - Auto Insurance Bad Faith Uninsured and Under-Insured Motorists

Evidence – Expert Witness Testimony – Disclosure Requirements

Patrick Cottini v. Enloe Medical Center - Court of Appeal, Third District (May 21, 2014) - Under the Code of Civil Procedure, parties in a civil case may be asked to provide disclosures of expert witness...more

7/7/2014 - Appeals Expert Testimony Material Disclosures

Construction Contracts – Limitation on Recovery For Unlicensed Contractor

E.J. Franks Construction, Inc. v Bhupinder K. Sahota, et al. - Court of Appeal, Fifth Appellate District (June 5, 2014) - The purpose of the Contractors’ State License Law (Business & Professions Code sections...more

7/3/2014 - Construction Contracts Construction Disputes Contractor's License General Contractors Licenses Subcontractors

Insurance Coverage – Personal & Advertising Injury – Trade Disparagement

Hartford Casualty Insurance Co. v Swift Distribution, Inc. - California Supreme Court (June 12, 2014) - Commercial liability policies provide coverage for “personal and advertising injury.” This term typically...more

7/3/2014 - Advertising Advertising Injury Commercial General Liability Policies Disparagement Hartford Casualty Ins.

Insurance Coverage Newslettter: Transport Inc. v. Superior Court

Vulcan Materials Corp. manufactured and sold PCE, a pollutant used by dry cleaners. R.R. Street & Co. was a distributor for Vulcan, and an additional insured under an umbrella policy issued by Transport Insurance to Vulcan....more

5/21/2014 - Air Pollution Chemicals Contamination Discharge of Pollutants Hazardous Substances

Insurance Coverage – Liability of Adjuster for Negligent Misrepresentation

Bock v. Hansen - Court of Appeal, First Appellate District (April 2, 2014)- 40 years ago in Gruenberg v. Aetna Ins. Co. (1973), the California Supreme Court held that in general, an insurance company’s agents...more

4/17/2014 - Misrepresentation Negligence Negligent Misrepresentation

Weekly Law Resume - February 2014: Insurance Coverage – “Mobile Equipment” Exception to Auto Exclusion

American States Insurance Company v. Travelers Property Casualty Company of America - Court of Appeal, Second Appellate District (January 27, 2014)- Most commercial general liability policies exclude liability for...more

2/13/2014 - Commercial General Liability Policies Fast-Food Industry Restaurant Industry Travelers Property Casualty Co. Trucking Accident Trucking Industry

Weekly Law Resume - January 2014: Insurance Coverage – Additional Insured Endorsements

Transport Insurance Company v. Superior Court of Los Angeles County - Court of Appeal, Second Appellate District (January 13, 2014)- Ambiguities in an insurance policy are normally resolved “in favor of the...more

2/4/2014 - Additional Insured Endorsements Vulcan Construction Materials

Weekly Law Resume - January 2014: Insurance Coverage – Underinsured Motorist Coverage

Todd Berendes, et al. v. Farmers Insurance Exchange, et al. - Court of Appeal, Third Appellate District (November 18, 2013) - Uninsured and Underinsured Motorist Coverage is primarily governed by Insurance Code...more

1/15/2014 - Uninsured and Under-Insured Motorists

Weekly Law Resume - January 2014: Torts – Negligence – Sophisticated User Defense

Buckner v. Milwaukee Electric Tool Corporation - Court of Appeal, Fifth Appellate District (December 20, 2013) - In Johnson v American Standard (2008) 43 Cal.4th 56, the California Supreme Court first recognized the...more

1/15/2014 - Affirmative Defenses Design Defects Negligence Sophisticated User Doctrine

Weekly Law Resume - Insurance Coverage – Duty to Defend

Farmers Insurance Exchange v. The Superior Court of Los Angeles County (Bautista) - California Court of Appeal, Second Appellate District (October 28, 2013) - Questions often arise as to whether there is...more

12/11/2013 - Auto Insurance Duty to Defend Insureds Negligence Negligent Supervision

Weekly Law Resume - October 2013: Insurance Coverage – Duty to Defend – Cumis Counsel

Swanson v. State Farm General Insurance Company - Court of Appeal, Second District (September 23, 2013) - When an insurer reserves its rights on a given issue, and the outcome of that coverage issue can be...more

11/11/2013 - Bodily Injury Conflicts of Interest Duty to Defend Property Damage

Weekly Law Resume - October 2013: Insurance Coverage – Bad Faith - Unfair Claim Act Cause of Action

Mt. Vernon Fire Ins. Corp. v. Oxnard Hospitality Enterprise, Inc., et al. - Court of Appeal, Second District (September 16, 2013) - Commercial liability policies for entertainment businesses often contain an...more

10/21/2013 - Assault Bad Faith Battery Commercial General Liability Policies Exclusions Unfair Claims Settlement Practices Act

Insurance Coverage: September 2013

After several years, the Supreme Court has spoken on the issue of whether or not a claim under the Fair Claims Regulations can be “bootstrapped” into litigation through a claim for violation of the Unfair Competition Laws. In...more

10/4/2013 - Duty to Defend False Advertising Indemnification Insurers Policy Exclusions Unfair Competition

Weekly Law Resume - August 8, 2013: Insurance Coverage – Bad Faith - Unfair Claim Act Cause of Action

Yanting Zhang v. The Superior Court of San Bernardino County California Supreme Court (August 2, 2013) In Moradi-Shalal v. Fireman’s Fund Ins. Companies (1988) 46 Cal.3d 287, 304 (Moradi-Shalal) the California...more

8/9/2013 - Bad Faith Fraud Insurers Unfair Competition Unfair Insurance Practices Act

34 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×