David L. Blinn

David L. Blinn

Low, Ball & Lynch

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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

9/30/2016 - Appeals Auto Insurance Bad Faith Cancellation Rights Car Accident Insurance Litigation Notice Requirements Summary Judgment

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

9/12/2016 - Bad Faith Insurance Litigation Mercury Policy Limits Restitution Settlement Offer Stipulated Judgment

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

8/26/2016 - Appeals Car Accident Evidence Motions in Limine Photographs Stipulations

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

8/12/2016 - Bad Faith Bodily Injury Equitable Subrogation Fireman's Fund Insurance Insurance Litigation Policy Limits Settlement Negotiations Warner Brothers Entertainment

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

7/8/2016 - Bad Faith Breach of Contract Damages Insurance Litigation Property Damage State Farm

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

6/16/2016 - Attorney's Fees Bad Faith Compensatory Damages Insurance Litigation Punitive Damages

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

6/10/2016 - CA Supreme Court Elder Abuse Elder Care Elder Issues Health Care Providers Hospitals

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

5/2/2016 - Commercial Insurance Policies Duty to Defend Equitable Contribution Excess Policies KB Homes Lloyds of London

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

3/4/2016 - Doctrine of Superior Equities Equitable Subrogation Insurance Litigation Summary Judgment

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

2/26/2016 - Car Accident Excess Policies Policy Exclusions Third-Party Liability Uninsured and Under-Insured Motorists

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

2/5/2016 - Appeals Burden of Proof Jury Instructions Policy Exclusions Proximate Cause

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

12/29/2015 - Appeals Auto Insurance Nationwide Insurance Co. Policy Exclusions

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

11/9/2015 - Homeowner's Insurance Imminent Harm Loss Mitigation Mercury Summary Judgment

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

11/2/2015 - Appeals Assignees Billing CA Supreme Court Car Accident Evidence Health Insurance Insurance Litigation Liens

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

10/12/2015 - Bad Faith Car Accident Duty to Defend Insurance Litigation Stipulations

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

9/14/2015 - Appraisal Fire Damage Fire Insurance Insurance Litigation Motion to Compel Public Adjusters

Insurance Code §520 Requires Reversal of Prior Supreme Court Decision Upholding Insurance Policy Language Barring Post-Loss...

Fluor v Superior Court (Hartford) California Supreme Court (August 20, 2015) In 2003, the California Supreme Court ruled in Henkel Corp. v. Hartford Accident & Indemnity Co. (2003) 29 Ca.4th, 934, that a...more

9/1/2015 - Assignments Commercial General Liability Policies Indemnification Liability Insurance Long-Tail Claims Successors Third-Party Liability

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 Policy Exclusions

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