A consumer group argued that non-licensed therapists who are certified by the Behavior Certification Board (BACB) who provide Applied Behavioral Analysis (ABA) to treat autism should be covered by the Department of Managed Health Care (DMHC) which has jurisdiction over health plans commonly known as health maintenance organizations. [In contrast, the Department of Insurance has jurisdiction […]
Employee Is Not Entitled To Attorney Of His Choice When Sued As A Result Of Carrying Out His Duties, After A Woman Died Drinking Too Much Water In An Ill-Conceived Radio Contest.
As the result of drinking too much water in an ill-conceived radio contest, a woman died. Plaintiff had helped conduct the contest as part of his duties as an employee of defendant, the company that owned the radio station. Although defendant told plaintiff it would provide legal counsel for him, plaintiff chose to hire his own […]
Attorney Fees And Costs Properly Awarded To Interpleader.
Wife is found dead in the street outside the home she shared with husband. Her death is investigated as a homicide. Husband, who is the sole beneficiary on wife’s life insurance policy, is a suspect. Life insurance company files an interpleader action and deposits the policy benefits plus interest with the trial court. Wife’s mother, who […]
$19 Million In Punitive Damages Reduced To $350,000.
Plaintiff served in the U.S. Marines and is entitled to medical care at Veterans Administration hospitals at no cost. He was involved in an accident in 1997 and was paralyzed from the waist down and relies on a wheelchair. In 2008, he was involved in a wheelchair accident and suffered a broken leg, but had numerous […]
No Showing Reservation Of Rights By Insurers Creates A Conflict Of Interest.
A city brought an action against a dry cleaner under the Comprehensive Environmental Response, Compensation and Liability Act [CERCLA; 42 U.S.C. § 9601] for causing soil and groundwater contamination. The dry cleaner asserted a third party claim against the supplier of dry cleaning products, and the supplier tendered its defense to certain insurance companies. The insurers […]
Let’s Split This? No, You Pay For The Underinsured Motorist Who Caused The Collision.
A man was injured in an auto accident and settled with the underinsured motorist who caused the collision. The injured man then claimed $62,500 in loss under the uninsured motorist coverage in both of the two policies that covered himself. One insurance company relies on Insurance Code section 11580.2, subdivision (c)(2), to argue it owes nothing […]
Moradi-Shalal Does Not Preclude Unfair Competition Law (UCL) Claims.
The California Supreme Court clarified one of the perceived limitations resulting from its holding in Moradi-Shalal v. Fireman’s Fund (1988) 46 Cal.3d 287, [758 P.2d 58, 250 Cal.Rptr. 116]. The case addresses whether insurance practices that violate the Unfair Insurance Practices Act [UIPA; Insurance Code section 790 et seq.] can support an Unfair Competition Law [UCL; […]
CIGA Sent Packing In Workers’ Compensation Case.
Applicant in a Workers’ Compensation action was on the payroll of a company, but was working as a personal assistant for the president of the company. The company had one insurer and the president of the company had homeowner’s insurance with another insurer. Of course, there were arguments about who employed her, but the parties were […]
Insured Entitled To Have Independent Counsel Representation.
Plaintiff hired a contractor to design and build a residence, and later brought an action against the contractor for breach of contract and several other causes of action. The contractor tendered its defense to its insurance company, which company appointed counsel and defended subject to a reservation of rights. The insurer filed a separate declaratory relief […]
Danger In Permitting A Broker To Fill Out Insurance Application.
The premises of a business was damaged by fire. An endorsement in the business insurance policy required as a condition of insurance that the insured premises contain automatic sprinklers. The insurance application stated in the box entitled “FIRE PROTECTION (Sprinklers, Standpipes, CQ/Halon Systems),” that the applicant had “SMOKE DETECTORS/FIRE EXITING/SPRINKLERS.” The insurer declined coverage, and the […]
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