The Mellor Law Firm, APLC

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Retrial Ordered Because Jury Instruction Improperly Shifted The Burden Of Proof.

March 11, 2016 by

Burden Of Proof

In an action by an insured against an insurance company which denied a claim, plaintiff requested that the trial court give a standard jury instruction explaining that, when a loss is caused by a combination of covered and excluded risks, the loss is covered if the most important or predominant cause is a covered risk. (CACI No. 2306.) Defendant instead proposed a special jury instruction placing on plaintiff the burden of proving the collapse of the house was “caused only by one or more” of the perils listed in the policy, and that there was no coverage if the cause of the collapse involved any peril other than those listed.

Filed Under: Appellate Law News, Evidentiary Law News, Insurance Law News, Legal News Tagged With: 197 Cal.Rptr.3d 195, 243 Cal.App.4th 779, CACI No. 2306

Parents Did Not Include Teenaged Daughter In Insurance Policy On Car Exclusively Driven By Her.

February 9, 2016 by

Insurance

While driving a GMC pickup truck owned by her father, a 17-year-old got into an accident. However, even though the daughter was the only one to drive the pickup, the father had excluded his daughter from insurance coverage in order to save money on premium payments. The daughter’s mother, who is the ex-wife of the father, had insurance on her own vehicles, but not the GMC.

Filed Under: Appellate Law News, Insurance Law News, Legal News Tagged With: 243 Cal.App.4th 29

Previously We Reported: Insurance Company Can Require Insured To Obtain Its Consent Before Assigning Interest In Policy.

November 18, 2015 by

assignment

One Fluor Corp. assigned its rights under liability policies to another Fluor Corp. when they underwent complex corporate restructuring. In a declaratory relief action, the liability insurer objected that its approval was not given pursuant to a consent to assignment provision in the policy. Fluor contended the provision was void under an 1872 statute which […]

Filed Under: California Supreme Court Law News, Insurance Law News, Legal News Tagged With: § 520, 129 Cal.Rptr.2d 828, 146 Cal.Rptr.3d 527, 191 Cal.Rptr.3d 498, 208 Cal.App.4th 1506, 29 Cal.4th 934, 354 P.3d 302, 61 Cal.4th 1175, 62 P.3d 69, Ins.Code, Ins.Code § 520, Insurance Code, Insurance Code section 520, section 520

Structured Settlement Protection Act Applied.

November 10, 2015 by

The trial court approved transfer of structured settlement payments to a factoring company and ordered the payor insurance company to send the funds directly to the factor, and the insurance company appealed. The Structured Settlement Protection Act [SSPA; Insurance Code section 10134 et seq.] was passed to protect structured settlement payees from exploitation by factoring […]

Filed Under: Appellate Law News, Insurance Law News, Legal News, Settlement Law News Tagged With: § 10134, § 10139.5, 190 Cal.Rptr.3d 917, 239 Cal.App.4th 741, Ins.Code, Ins.Code  § 10139.5, Ins.Code § 10134, Insurance Code, Insurance Code section 10134, Insurance Code section 10139.5, section 10134, section 10139.5

Payback To Insurance Company After It’s Ordered To Pay Cumis Counsel To Defend Its Insured, And It Claims Cumis Counsel Padded The Bills.

November 2, 2015 by

The question tackled by the California Supreme Court here is that after an insurance company is compelled by a court order to provide independent counsel to defend its insured in a third-party action pursuant to San Diego Federal Credit Union v. Cumis Ins. Society, Inc. (1984) 162 Cal.App.3d 358 [208 Cal.Rptr. 494], and the insurer […]

Filed Under: California Supreme Court Law News, Insurance Law News, Legal News Tagged With: 190 Cal.Rptr.3d 599, 353 P.3d 319, 61 Cal.4th 988

Insurer Not Obligated To Defend Or Indemnify In Light Of Intellectual Property Exclusion.

June 24, 2015 by

Intellectual Property Exclusion.

A famous inventor’s estate alleged the commercial use of the inventor’s name was not authorized after defendant manufactured and distributed several products using the name Buckyball, allegedly without permission or payment.  Defendant tendered defense of the action to its insurance company. The insurance company agreed to defend under a reservation of rights and Cumis counsel […]

Filed Under: Appellate Law News, Insurance Law News, Legal News

Insurance Company Waived Right To Rescind Policy.

June 22, 2015 by

Right To Rescind

Five days after treatment at a breast center for a lump on her breast which proved to be cancerous as she continued her treatment, plaintiff applied for medical insurance. The questions on the application included whether she had “received any professional advice or treatment . . . from a licensed health practitioner” or “had any […]

Filed Under: Appellate Law News, Insurance Law News, Legal News

Summary Judgment Reversed Because There Is A Potential For Coverage Under Umbrella Policy.

June 17, 2015 by

Potential For Coverage

When she was 17 years old, plaintiff was invited to a party by several members of a college baseball team. She claims that upon her arrival, she was given shots of hard liquor in quick succession, and later was assaulted by an unknown number of men as she lay unconscious in a room. Three women […]

Filed Under: Appellate Law News, Insurance Law News, Legal News, Personal Injury Law News

No Coverage For Frozen Ground Beef.

June 17, 2015 by

Coverage

After a food company’s frozen ground beef was ordered recalled by the Department of Agriculture [USDA], the food company made a claim under its Contamination Products Insurance policy issued by defendant insurers. Coverage was denied on various grounds, and the food company sued for breach of contract and bad faith. Finding no triable issues of […]

Filed Under: Appellate Law News, Bad Faith Insurance Law News, Insurance Law News, Legal News

After Partial Payment In Medical Malpractice Action, Patient Was Not Informed Of Statute Of Limitations.

March 30, 2015 by Leave a Comment

Medical Malpractice Action

After surgery, a patient suffered an infection. The bacteria that infected the patient’s knee apparently survived the sterilization process at the surgical facility. The bacteria was found on a surgical sponge. The doctor paid the patient $4,118.23 for the medical expenses he incurred for treatment of the infection. Fifteen months later, the patient sued the […]

Filed Under: Appellate Law News, Insurance Law News, Legal News, Malpractice Law News, Statute of Limitations Law News

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Recent News

When and How to Sue After a Car Crash

December 30, 2020 By admin

Getting in a car crash can be detrimental to your physical and mental well-being. To compensate for stress, injuries, and damage to your vehicle, you should ensure that you get the compensation you deserve. An experienced personal injury lawyer can help you with that. Reasons … Read More...

When a Tenant Can Sue a Landlord

December 30, 2020 By admin

Rental agreements must be upheld by both the landlord and the tenant. If the landlord or rental company violates the agreement, it may be grounds for legal action by the tenant. In most cases, a tenant will sue their landlord after moving out, but a tenant can also sue while they … Read More...

Does Foreclosure Affect Your Credit?

December 18, 2020 By Mark Mellor

Even if you have carefully planned your budget, income, and expenses down to the last cent, things don’t always go the way you expect them to. Life might get in the way and ruin your plans—and a bad investment, medical emergency, natural disaster, or other catastrophe can … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
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10.0Mark Albert Mellor

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