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Insurance Coverage – Exclusion for Vehicles “Normally Made Available”

Purchasing optional liability coverage for employees’ foreseeable personal use of company vehicles can prevent your employees from being financially at risk. Javier Medina v. Geico Indemnity Company ...more

Insurance Coverage – “Other Insurance” Provisions Between Excess Carriers

Advent, Inc. v National Union Fire Ins. Co. of Pittsburgh, PA - Court of Appeal, Sixth Appellate District (December 6, 2016) - Historically, “other insurance” clauses in liability policies were designed to prevent...more

Insurance – Coverage – Pyrolysis as an “Occurrence”

Tidwell Enterprises, Inc., et al. v. Financial Pacific Ins. Co., Inc. - Court of Appeal, Third Appellate District (December 20, 2016) - According to Merriam-Webster’s Collegiate Dictionary, Pyrolysis is a “chemical...more

Torts – Premises Liability

Al Khosh v. Staples Construction Company, Inc. - Court of Appeal, Sixth Appellate District (October 26, 2016) - Under Privette v. Superior Court (1993) 5 Cal.4th 689, an employee of an independent contractor...more

Real Estate – Fiduciary Obligations of Multiple Agents from One Brokerage

Hiroshi Horiike v. Coldwell Banker Residential Brokerage Co., et al. - Supreme Court of California (November 21, 2016) - In real estate transactions, it is not uncommon for one agent to represent both the buyer and...more

Torts – Habitability Claims – Attorneys’ Fees

Christie Hjelm, et al. v. Prometheus Real Estate Group, Inc. - Court of Appeal, First Appellate District (October 5, 2016) - Civil Code § 1942.4 provides for attorneys’ fees in an unlawful detainer action in...more

[Webinar] Insurance Coverage Issues, Challenging Damages in High Exposure Cases, A Humorous History of Asbestos Litigation, and...

This Webinar will cover four topics that include Insurance Coverage Issues, Challenging Damages in High Exposure, A Humorous History of Asbestos Litigation, and a California Case Law update....more

Torts – Assumption of the Risk – Waiver of Liability

Kirk Anderson v. Fitness International, LLC - Court of Appeal, Second District (October 27, 2016) - The general rule in California is that all persons are responsible “for an injury occasioned to another by his or...more

Insurance Coverage – Insurance Fraud Prevention Act

The People ex rel. Allstate Insurance Company, et al. v. Daniel H. Dahan, et al. - Court of Appeal, Second District (September 15, 2016) - Under Section 1871.7 of the California Insurance Frauds Prevention Act...more

Insurance Coverage – Cancellation of Policy and Bad Faith

Trent Mills v. AAA Northern California, Nevada & Utah Ins. Exchange - Court of Appeal, Third District (September 20, 2016) - Under Insurance Code § 1861.03(c)(1), an insurer has a statutory right to cancel an...more

Insurance – Bad Faith Refusal to Settle

Barickman v. Mercury Casualty Company, et al. - Court of Appeal, Second Appellate District (July 25, 2016) - Where a carrier refuses to accept a settlement demand within policy limits, it risks the chance of being...more

Personal Injury – Auto – Damages and Stipulation as to Liability

Christ v. Schwartz - Court of Appeal, Fourth Appellate District (August 12, 2016) - In a personal injury action, a defendant may wish to stipulate to liability where there is no real dispute as to who was at fault...more

Insurance Coverage – Equitable Indemnity Claim by Excess Carrier

Ace American Insurance Company v. Fireman’s Fund Insurance Company - Court of Appeal, Second Appellate District (August 5, 2016) - Where an underlying insurer rejects a settlement offer within its policy limits, and...more

Insurance Coverage – Genuine Dispute as Defense to Bad Faith

Clayton D. Paslay, et al. v. State Farm General Insurance Company - Court of Appeal, Second Appellate District (June 27, 2016) - Under the genuine dispute doctrine, an insurer denying or delaying the payment of...more

Insurance – Bad Faith – Punitive Damages

Thomas Nickerson v. Stonebridge Life Insurance Company - California Supreme Court (June 9, 2016) - Absent special justification, ratios of punitive damages to compensatory damages that greatly exceed 9 or 10 to 1...more

Torts – Elder Abuse

Kathleen A. Winn, et al. v. Pioneer Medical Group, Inc., et al. - California Supreme Court (May 19, 2016) - In 1991, California enacted the Elder Abuse and Dependent Protection Act (the “Act”) (Welfare &...more

Insurance Coverage – Equitable Contribution – “Other Insurance” Clauses

Certain Underwriters at Lloyds, London v. Arch Specialty Insurance Co. - Court of Appeal, Third Appellate District - (April 11, 2016) The original purpose of “other insurance” clauses was to prevent multiple...more

Insurance Coverage – Equitable Subrogation – Doctrine of Superior Equities

Amco Insurance Company, et al. v All Solutions Insurance Agency, LLC - Court of Appeal, Fifth Appellate District (February 8, 2016) - Equitable subrogation is most commonly employed when an insurer pays its...more

Insurance Coverage – UM/UIM Coverage Under Excess Policies

Larry Haering v. Topa Insurance Company - Court of Appeal, Second Appellate District (February 3, 2016) - Uninsured (“UM”) and Underinsured Motorist Coverage (“UIM”) were created by statute (Insurance Code...more

Insurance Coverage – Predominant or Efficient Proximate Cause

Varadanyan v. Amco Insurance Company - Court of Appeal, Fifth Appellate District (January 7, 2016)- Insurance Code section 530 codifies the “efficient proximate cause doctrine” in resolving first party insurance...more

Insurance Coverage – Exclusion for Non-Covered Automobiles “Regularly Available”

Nationwide Mutual Insurance Company v. Shimon et al. - Court of Appeal, Third Appellate District (December 17, 2015) - The exclusion of coverage for regular use of vehicles not included in the policy, sometimes...more

Insurance Coverage – Homeowner’s Insurance – “Imminent Loss”

Arthur Grebow, et al. v. Mercury Insurance Company - Court of Appeal, Second District (October 21, 2015) - Homeowners’ policies are not intended to require that all maintenance costs incurred to prevent collapse...more

Torts – Effect of Howell Decision on Purchased Medical Liens

Anna Uspenskaya v. Clare Meline - Court of Appeal, Third District (October 28, 2015) - Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 was a landmark case in which the California Supreme Court...more

Insurance Coverage – Bad Faith – Duty to Defend Multiple Policies

21st Century Insurance Co. v. The Superior Court of San Bernardino County - Court of Appeal, Fourth District (September 10, 2015) - Typically, where an insurer is defending an action, it is not bound by any...more

Insurance Coverage – Fire Insurance – Power of Appraisal Panel

Lee v California Capital Ins. Co. - Court of Appeal, First District (June 18, 2015) - All fire insurance policies issued in California must be on a standard form that includes an appraisal provision as set forth in...more

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