The National Football League and its intellectual property marketing arm have been sued in multiple states by dozens of former players alleging lifelong brain damage from on-field injuries dating back to the 1950’s. In this case the plaintiffs, National Football League and NFL Properties LLC, seek a Los Angeles Superior Court declaratory relief judgment regarding the […]
Insurer Cannot Avoid Its Contractual Duty.
The United States Attorney for the Central District of California filed a grand jury indictment against a medical doctor alleging the doctor conspired with another doctor and employees to transplant a liver into the wrong patient. The doctor tendered the defense to the charges to his insurance company, which insurer declined to defend pursuant to Insurance […]
Attorney-Client Privilege May Be Passed On To A Bankrupt Corporation’s Insurer.
A bankrupt corporation which purportedly only existed as a shell through which personal injury claims were passed on to its insurer for resolution was sued for personal injury. Pursuant to its reorganization plan, the action was submitted to its insurers, who provided a defense. When discovery was propounded to the corporation, the corporation’s attorney (who had […]
Water Damage Not Covered Under Insurance Policy.
Plaintiff noticed condensation and mold around the windows of his home. Upon inspection, a plumber discovered a slow water leak which pooled under the home. Plaintiff had purchased a “Farmers Next Generation Homeowners Policy” which had limited water damage coverage. The policy described what was not included in the limited water damage coverage: “. . . […]
Attorneys Cannot Recover Fees Representing Themselves In Breach Of Contract Action.
When their insurer initially refused to defend an action, the insureds, who are attorneys, defended the action in pro per. They subsequently sued the insurer for the value of the attorney services they provided. The trial court granted summary judgment to the insurer. The Court of Appeal affirmed. The insureds did not sustain damages because […]
Evidence Of Title Insurance Should Have Been Admitted.
The signatures on loan documents were forged. Interest-only payments were made. A larger replacement loan was made, again based upon forged documents. When the property owners realized what had happened, they brought an action for fraud against various persons. Everything settled, except a cross-complaint of one lender against another lender. At trial, a jury decided a […]
Another Non-Signatory Wrongly Sent To Arbitration.
The trial court decided that, since a janitorial business had an arbitration agreement with its workers compensation insurance company, the doctrine of equitable estoppel applied with regard to whether, or not, it had to arbitrate a dispute with the third party administrator of its workers compensation claims. The Court of Appeal found the doctrine inapplicable and […]
No Equitable Contribution From Employer’s Insurance Policies Until All Of The Tortfeasor Employee’s Policies Exhausted.
An employee caused injuries to another person while driving his car in connection with his employer’s business. Three insurance policies were in effect. Insurer #1 insured the negligent employee. Insurers # 2 and #3 insured the employer. After a settlement, Insurer #1 sought equitable contribution from #2 and #3, which the trial court ordered after granting […]
Retirees May Pursue Action For Lifetime Medical Benefits From University Of California.
When Lawrence Livermore National Laboratory was operated by the University of California, all retirees received University-sponsored group health insurance benefits. In 2007, management and operation of Livermore was transferred to a private consortium, and in 2008 retirees’ University-sponsored group health benefit was terminated. Retirees brought an action for mandamus against the Regents, claiming inter alia that the […]
Coverage Excluded For Ordinance or Law Under Homeowners Policy.
Plaintiffs’ homeowners policy reads: “We do not insure under any coverage for any loss which is caused by one or more of the items below, regardless of whether the event occurs suddenly or gradually, involves isolated or widespread damage, arises from natural or external forces, or occurs as a result of any combination of these: a. […]
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