Representative Matters

LAW REVIEW

A Homeowner’s Insurance Policy does not Create a Duty in the Insurer to Defend the Insured Against a Defamation Lawsuit.

Stellar v. State Farm General Ins. Co.
2007. Cal App. 4th. No. B195728

Undocumented Aliens are not Entitled to Back Pay or Reinstatement in Workers’ Compensation Claims

Farmers Brothers Coffee v. WCAB
B180839

Liability for Retaliation Expanded in California

Yanovitz v. L’Oreal (2005)
S115154

Bullying in the Workplace Does Constitute Harassment

Christopher v. National Education Association
CA Supreme Court No. 0435029p

Favoritism in Workplace When Sufficiently Widespread May Create Actionable Hostile Work Environment

Miller et. al. v. Department of Corrections
Cal. Supreme Court, 2005 SOS 3557, not certified for publication.

Good Samaritan Statues Require Objective Belief of Emergency Situation

Reynoso v. Newman
WL 30807 (Cal.App. 4 Dist.), January 10, 2005

Appellate Court Affirms Trial Courts Award of Attorney Fees For Defendant’s Defense Against Plaintiff’s Non-Contractual Claims

Erickson v. R.E.M. Concepts, Inc., C.A.
2005 WL 240706 (Cal.App. 4th), February 2, 2005; As modified February 14, 2005

Settlement Barred New Action against Insurer for Damages Suffered in Northridge Earthquake

Israel-Curley v. California Fair Plan
2005 WL 19233, January 5, 2005

Court Overturns Ruling on Summary Judgment Based Upon One Theory of Breach of Contract

Kotler v. Pacificare of California
2005 WL 318681, February 10, 2005

Reciprocity Under Civil Code Section 1717(a) Not Applicable To Attorney’s Fee Provisions Of An Indemnity Contract

Baldwin Builders v. Coast Plastering Corporation et al.,
WL 231395 (Cal.App.4 Dist.) Jan. 21, 2005

Assignee of Insured’s Claim for Bad Faith Entitled to Recover Attorney Fees

Essex Insurance Company v. Five Star Dye House, Inc.
2005 WL 233819, January 27, 2005

90 Day Statutory Investigation Period for Work Comp Claim Does Not Begin to Run Until Formal Claim in Writing is Filed

Honeywell v. Worker’s Compensation Appeals Board
2005 WL 310512, February 10, 2005

Workers Compensation Insurers Entitled to Bring Actions in Superior Courts

Graphic Arts Mutual Insurance Company v. Time Travel International, Inc.
2005 WL 236755 (Cal. App. 2 Dist.), February 2, 2005

Court Requires Association To Impose Special Assessment Upon Homeowners To Satisfy Civil Judgment Against Association

James F. O’Toole Co., Inc. v. Los Angeles Kingsbury Court Owners Association
2005 WL 247647, February 3, 2005

Conflicting Excess-Only “Other Insurance” Clauses Does Not Mandate Equitable Contribution

Carmel Development Company v. RLI Insurance Company
WL 56953 (Cal.App. 6 Dist.), January 12, 2005

Medical Malpractice: Expert Witness Experience Requirement

Petrou v. South Coast Emergency Group

Policy Exclusion Precludes Settlement Terms

Ace American Ins. Co. v. Walker

Equitable Tolling

Marselis v. Allstate Ins. Co.

Lessons of Non-Compliance

Brizuela v. CalFarm Insurance Co.

Subrogation Claim by Excess Insurer

RLI Insurance Co. v. CNA Casualty of California
2006 WL 1868457 (July 7, 2006)

Assignee of Bad Faith Action Entitled to Recovery

Essex Insurance Co. v. Five Star Dye House, Inc.
2006 WL 1843278 (July 6, 2006)

Environmental “Response Costs” Absent a Lawsuit Do Not Constitute “Damages” And Cannot Be Recovered

CDM Investors v. Travelers Casualty and Surety Co.
43 Cal. Rptr. 3d 669 (May 26, 2006)

Recovery of 998 Deposition and Exhibit Preparation Costs Available for Uninsured Motorist Arbitrations and Not Restricted By Policy Limits

Isofea Pilimai v. Farmers Insurance Exchange Co.
2006 WL 1913352 (July 13, 2006)

Federal Court Rejects Pre-emption Argument in Products Liability Case
The Importance of an Hour: Federal Court Holds that Daylight Savings Time is the Measure for Determining Policy Periods

Empire Fire and Marine Insurance Company v. Continental Casualty Company
426 F. Supp.2d 329 (2006)

Washington State Sets the Lowest Threshold for Imposing Punitive Damages on Insurers

The Insurance Fair Conduct Act
2007 Wash. Laws 498

California Appellate Court Holds California Law Governs the Interpretation of a Texas CGL Policy

Frontier Oil Corporation v. RLI Insurance Company
2007 WL 2234592 (Cal. App. 2 Dist.)

California Appellate Court Holds Multiple Insureds Cannot Recover More Than the Value of Property From a Single Occurrence

Burns v. California Fair Plan
152 Cal. App. 4th 646 (2007)