Second Appellate District Confirms That "Safe Harbor" Defense May Be Based Upon Administrative Regulation


On August 19, 2009, the Second Appellate District (Div. 7) issued its decision (again, but in slightly augmented form) in Yabsley v. Cingular Wireless, LLC. This decision was originally issued in August 2008, but the court of appeal, on its own motion, ordered a rehearing to allow the Attorney General of California and District Attorney of Santa Barbara County (who had not received notice of the appeal) to weigh in.

While most of the decision is largely irrelevant to insurers, one portion is relevant as it relates to the scope of the "safe harbor" defense to actions brought against insurers under California's Unfair Competition Law.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Hinshaw & Culbertson LLP | Attorney Advertising

Written by:


Hinshaw & Culbertson LLP on:

Popular Topics
Reporters on Deadline

"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*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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.