Special Relationship

News & Analysis as of

Duty to Prevent Harm and Duty to Disclose are Both Part of General Duty to Exercise Reasonable Care

In Doe v. Superior Court (filed 5/29/15, No. H040674), the California Court of Appeal, Sixth Appellate District, held that a defendant’s reasonable duty of care to prevent harm to a minor and her parents encompassed the duty...more

Traditional Franchise And Beer Distribution Relationships: A Legal Comparison

Beer distribution laws differ from traditional franchise laws in many ways, but the two regimes do share some commonalities. As a matter of fact, many states now regulate the relationship between those who brew or import beer...more

California Court of Appeal Limits Scope of Agent's Immunity Rule Based on "Special Relationship" Between Insurers and Insureds

On April 2, 2014, the California Court of Appeal, First Appellate District, published an opinion that limits the scope of the agent’s immunity rule insofar as it applies to employees of insurers involved in investigating...more

Summary Judgment In Favor Of Broker In Malpractice Case Reversed, Where Special Relationship With Insured May Have Existed

In a case involving alleged broker malpractice with respect to certain underinsured business interruption losses under a commercial property insurance policy, the New York high court reversed a lower appellate court’s...more

Hawaii Court Holds an Insurance Company Can Be Exposed to Bad Faith Even if It Did Not Issue a Policy

A recent Hawaii Supreme Court decision expands bad faith claims in that state, at least with regard to Joint Underwriting Program (JUP) claims. On June 7, 2013, the court issued its opinion in the Willis v. Swain case. ---...more

Negligent Credentialing Claim Recognizable Under Massachusetts Law

A recent Massachusetts Superior Court decision recognizes a claim against a hospital for “negligent credentialing.” The court in Rabelo v. Nasif, et al found that, through the credentialing process, a hospital must “exercise...more

Weekly Law Resume - February 22, 2013: California Highway Patrol Has No Duty to Come to Aid of an Injured Party Absent a “Special...

Greyhound Lines, Inc. v. Department of the California Highway Patrol California Court of Appeal – Fifth District (February 14, 2013) In general, absent a “special relationship”, a person who has not created a peril...more

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