David L. Blinn

David L. Blinn

Low, Ball & Lynch

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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

Weekly Law Resume - July 18, 2013: Insurance Coverage – Attempted Recovery of Independent Counsel Fees

J.R. Marketing, L.L.C. et al. v. Hartford Casualty Insurance Company - Court of Appeal, First District (June 11, 2013) - Under the Independent Counsel provisions of Civil Code Section 2860, a carrier that defends...more

8/5/2013 - Attorney's Fees Fees Independent Counsel Insurers Legal Costs Unjust Enrichment

Weekly Law Resume - July 3, 2013: Insurance Coverage – Medical Payments Claim Separate From Third Party Claim

Barnes v. Western Heritage - Court of Appeal, Third District (June 18, 2013)- Often, a policy of liability insurance (auto or general liability) will have a separate provision providing for medical payments under...more

7/8/2013 - Bodily Injury Health Insurance Insurance Companies Liability Insurance Medical Expenses Settlement Third-Party

Weekly Law Resume - June 6, 2013: Insurance Coverage – Insurance Code Section 533(b) and Defense of Criminal Complaints

Mt. Hawley Insurance Company v. Richard R. Lopez, Jr. - Court of Appeal, Second District (May 1, 2013) - Insurance Code Section 533 provides that an insurer is not liable for willful acts of an insured, and thus is...more

6/10/2013 - Criminal Prosecution Duty to Defend Indemnification Insurers

Weekly Law Resume - May 16, 2013: Insurance Coverage – Duty to Defend – Vacant Property

Travelers Property Cas. Co. of America v. Superior Court of California, County of Los Angeles - Court of Appeal, Second District (April 17, 2013) - Most insurers do not like to insure empty buildings. Consequently,...more

5/22/2013 - Breach of Contract Duty to Defend Insurers Liability Insurance Loss Coverage Property Damage

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