David L. Blinn

David L. Blinn

Low, Ball & Lynch

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Latest Publications


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

Weekly Law Resume - April 26, 2013: Insurance Coverage – Excess v Primary Carriers and Horizontal Exhaustion

Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania Court of Appeal, Second District (April 8, 2013) Last year, in State of California v. Continental Insurance Company (2012) 55 Cal.4th...more

5/8/2013 - Anti-Stacking Provisions Horizontal Exhaustion Doctrine Insurers Occurrence

Weekly Law Resume - February 28, 2013: Insurance Coverage – Equitable Contribution – Vicarious Liability

GuideOne Mutual Insurance Company v. Utica National Insurance Group Court of Appeal, Fourth District (February 28, 2013) Equitable contribution is available when several insurers are obligated to indemnify or defend...more

3/4/2013 - Equitable Contribution Insurers Settlement Vicarious Liability

Weekly Law Resume - January 17, 2013: Torts – Negligent Infliction of Emotional Distress – Bystander Recovery

Fortman v. Forvaltningsbolaget Insulan AB Court of Appeal, Second District (January 10, 2013) Closely related percipient witnesses may seek damages for emotional distress caused by observing a negligently inflicted...more

1/22/2013 - Bystander Negligent Infliction of Emotional Distress

Weekly Law Resume - December 13, 2012: Coverage – Additional Insureds – Exclusion for Suits Between Insureds

Gemini Ins. Co. v. Delos Ins. Co. - Court of Appeal, Second District (December 5, 2012) - Many policies have exclusions for coverage or defense of actions between insureds. This case considered such an exclusion where...more

12/24/2012 - Additional Insured Endorsements Commercial Leases Landlords Resorts & Restaurants Tenants

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