Plaintiffs purchased life insurance policies. The death benefit payable to survivors varies with the performance of the funds each customer selects. Because the policyholder bears the risk associated with the investments, some federal circuits have held that the policies qualify as securities. Accordingly, the federal trial court dismissed the class action under the Securities Litigation Uniform […]
No Insurance Coverage For Water Damage.
Property damage resulted after a toilet malfunctioned when it failed to shut off the intake of water and, because there was blockage in the sewer line, the toilet overflowed. Exclusion in the insurance contract says the policy excludes any “loss or damage caused directly or indirectly by . . . [w]ater that backs up or […]
Goodbye Collateral Source Rule.
The California Supreme Court stated the collateral source rule, as outlined in Helfend v. Southern Cal. Rapid Transit District (1970) 2 Cal.3d 1, [465 P.2d 61; 84 Cal.Rptr. 173] has no bearing on amounts that were included in a medical provider’s bill for which a plaintiff never incurred liability because the provider, by prior agreement, […]
Arbitration Provision In Insurance Policy, But Not In Application, Enforceable.
Defendants moved to compel arbitration based on an arbitration provision in the insurance contract between the parties. The trial court denied the motion, ruling that the arbitration provision was unenforceable because it was not disclosed in the application for the policy. The appellate court ruled the case should have been ordered to arbitration as the […]
Anti-SLAPP Motion Properly Denied.
After the 2003 Southern California wildfires, attorneys represented insureds for both claims and subsequent bad faith cases. After a claim was settled, the attorneys divided the proceeds on a percentage basis among the client, an attorney and a claims handler. The insurance company brought an action alleging a conspiracy whereby the claims handler would obtain […]
Landlord Was Additional Insured, But Only When It Faced Liability Arising Out Of Tenant’s Acts.
A restaurant burned down because of the restaurant’s negligence. There were two insurance policies. The restaurant’s policy listed the landlord as an additional insured, which also had an exclusion for claims between insureds. The landlord had a separate policy and collected under it. The landlord’s insurer brought an action for subrogation against the restaurant owner, […]
Couldn’t Get Their Stories Straight.
Owners of luxury car reported it stolen, and then gave several inconsistent versions of the history of the car prior to its disappearance. Their insurance company denied coverage, the insureds sued for bad faith and the trial court entered summary judgment in favor of the insurer. The appellate court affirmed, stating plaintiffs failed to raise […]
Between The Pot And A Hard Place.
Pursuant to a search warrant, police seized 12 seven-foot tall marijuana plants, freezer bags containing a total of about five ounces of marijuana, a tray of loose marijuana and rolling papers which plaintiff used for medicinal purposes. The court denied plaintiff’s first motion to return his property. Criminal charges were filed, police destroyed most of […]
In Good Times And In Bad Times.
A union brought action against a city, alleging the city retracted its promise to pay 50 percent of its employees’ medical insurance premiums after retirement. The trial court sustained a demurrer without leave to amend the petition for writ of mandate. Applying the California Supreme Court’s 2011 opinion in Retired Employees Assn. of Orange County […]
No Duty To Defend.
Company A advertised its product, which resembled and had a name similar to the product sold by Company B. Company A’s advertisement, however, did not identify Company B’s product expressly and did not disparage Company B’s product. When Company B sued, Company A made a demand on its insurer to defend under an insurance policy […]
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