A former drug salesman filed a qui tam action [qui tam is short for the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur which means “who pursues this action on our Lord the King’s behalf as well as his own.”] against his former employer, a drug company. The California […]
Insured May Proceed With Bad Faith Action Against His Own Insurer.
Plaintiff was injured by an uninsured motorist, and made a claim under his $250,000 uninsured motorist coverage. His insurer demanded arbitration. After an arbitrator awarded plaintiff $164,120.91, plaintiff filed a complaint against his insurance company for breach of the implied covenant of good faith and fair dealing by forcing him to arbitrate his claim without fairly […]
No Duty To Defend In Disparagement Case.
An insurance company denied patent and trademark liability coverage to a manufacturer of goods and services because the suit did not allege the company disparaged its competitor. The appellate court agreed with the insurance company that it had no duty to defend. The case was eventually heard in the California Supreme Court which held: “We […]
Life Insurance Policy In Dissolution Of Marriage Proceeding.
During a 20-year marriage, the husband used community property funds to purchase an Life Insurance Policy on his life, naming his wife as the policy’s only owner and beneficiary. The trial court ruled the Life Insurance Policy was community property because it was acquired during the marriage with community funds. The trial court awarded the Life […]
And BTW, Can’t Assume You’re Covered Just Because You Have Insurance.
In 1989, plaintiff contracted spinal meningitis, resulting in the amputation of both hands at the wrists and both legs below the knees and was fitted for prostheses which were covered under her father’s insurance plan. Able to live independently with the prostheses, she was later covered under her employer’s medical insurance plan. In 2009, her […]
After Three Appeals To Collect Breach Of Contract Judgment, Sureties Pay.
Plaintiff obtained a judgment against defendants based upon breach of contract, and defendants appealed, obtaining a stay of execution by posting an undertaking. Later, they asked the appellate court to dismiss their appeal, but they failed to pay the judgment. Plaintiff made a motion in the trial court to enforce the undertaking, and the trial […]
Insureds Sue Insurance Adjuster For Intentional Infliction Of Emotional Distress And Misrepresentation.
Insured husband and wife reported damage to their home after a 41-foot long, 7,300 pound tree limb crashed into it. As alleged, the behavior the adjuster displayed “can best be described as appalling.” He altered the scene prior to taking photos of the damage, spoke derogatorily to the insureds, misrepresented the coverage and ordered them […]
Homeowner’s Insurance Company Did Not Comply With The Right To Repair Act Before Completing Repairs.
When the owner purchased a home, he signed a document which advised him of the prelitigation procedures required in the Right to Repair Act [Civil Code section 895]. Six years later, when the home was vacant, a property manager discovered a water leak, and the owner notified his insurance company. The insurance company hired workers to […]
Food Trucks: American Cuisine On The Go.
A catering company owned a fleet of food trucks which were leased to operators who drove from site to site selling food. One truck was leased by a husband and wife. That truck was equipped with two seats, two seat belts, and specially designed, built-in equipment including a deep fryer, grill, steam table, oven, refrigerator and […]
Sometimes A Legal Malpractice Action May Be Assigned.
Pursuant to Goodley v. Wank & Wank, Inc. (1976) 62 Cal.App.3d 389, [133 Cal.Rptr. 83], a legal malpractice action may not be assigned in California. In the present matter, the trial court determined an assignee plaintiff lacked standing in a legal malpractice action and entered a judgment of dismissal. Finding the usual public policies concerns were not at […]
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