The plaintiff was born in 1975; he was 11 or 12 years old when the alleged abuse by a local parish priest occurred. He alleged he did not discover he had adult-onset psychological injuries caused by the molestations until 2008, and he brought his action in 2010. He says the statute of limitations was tolled […]
Right To A Jury Trial.
Insurance company agreed to continue paying disability payments while it investigated whether or not insured was totally disabled. At the conclusion of its investigation, the insurance company filed a declaratory relief action. The insured asked for a jury trial, and the insurance company prevailed upon the trial court to deny the request because it was […]
Revocation Of Chiropractor’s License Upheld.
Superior court denied a petition for writ of administrative mandate brought by a chiropractor who contended the State Board of Chiropractic Examiner’s decision to revoke her license was not supported by the evidence, and that she was denied a fair hearing. The chiropractor was convicted of seven misdemeanor violations of presentation of fraudulent claims for […]
Think Before Interpleading.
Action involves dispute over proceeds from a life insurance policy. The insurance company interpleaded the funds and the claimants settled their dispute. But a negligence cause of action against the insurance company alleging the whole dispute was caused by the company’s carelessness in administering the policy had been plead. The trial court dismissed the claim […]
All Insurers Pay.
The California Supreme Court considered questions of insurance coverage in connection with a federal court-ordered cleanup of the Stringfellow Acid Pits waste site. The opinion reaffirmed “the ‘continuous injury’ trigger of coverage,” as that principle was explained in Montrose Chemical Corp. v. Admiral Ins. Co. (1995) 10 Cal.4th 645, 655, [913 P.2d 878; 42 Cal.Rptr.2d […]
Summary Judgment Against Charlotte Russe In Favor Of Travelers Insurance Company Reversed.
Charlotte Russe stores contracted to become the exclusive sales outlet for “premium, high end” clothing called People’s Liberation, a brand owned by a company called Versatile. Charlotte Russe allegedly offered the clothing at severely discounted “fire-sale” prices. Versatile brought an action against Charlotte for breach of contract and other causes of action, requesting damages for […]
Interpleader Proper When Two Colorable Claims To Policy Proceeds.
Husband and wife bought life insurance on their minor child, and then they divorced, but the policy was not distributed in the dissolution proceedings. After the divorce, the wife removed the husband as a beneficiary. Then their daughter died. Both the husband and wife claimed the proceeds. The life insurance company interpleaded the policy proceeds […]
Ninth Circuit Affirms Duty Of Insurer To Pursue Settlement, Even Without Claimant’s Demand.
In a published decision with potentially broad and significant implications for the adjudication of insurance claims handled in California, the Ninth Circuit held that insurers must promptly seek to effectuate settlement once liability has become reasonably clear, even in the absence of a settlement demand. The court also held that the genuine dispute doctrine does […]
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