Law Review – Watson Law Group

Representative Matters

Law Review CONSTRUCTION DEFECT CONSTRUCTION DEFECT CLAIMS COVERAGE Products Liability Cases PROFESSIONAL LIABILITY CASES Reinsurance General Liability Cases

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)

CONSTRUCTION DEFECT

Terminal Freezers v. HMH Construction, et al.
Ventura County Superior Court, Case No.: CIV 240381

Extricated general contractor from construction defect action for the allegedly negligent construction of a large scale refrigerated warehouse. Summary judgment granted challenging causation.

Gosalvez, et. al., v. Chartwell Communities, et al.
Santa Barbara Superior Court, Case No.: 1088995

Defended window manufacturer against plaintiff homeowners in Santa Maria, California.
Settled on eve of trial as client was prepared to try each separate case on causation.

Citation Insurance Company v. St. Paul Fire and Marine Insurance
Los Angeles Superior Court, Case No.: BC348219

Obtained defense verdict on behalf of insurer of general contractor against claims brought by insurer of subcontractor for contribution to defense and indemnity payments made in a construction defect case.

Insurance Co. of the State of Pennsylvania, et al., v. St. Paul Surplus Lines Ins. Co.

Represented insurer in multi-million dollar allocation action for CD claims brought in several actions against general contractor, Baldwin Company.

CONSTRUCTION DEFECT CLAIMS

CONSTRUCTION DEFECT CLAIMS IN SUBROGATION

Employers Ins. Co. of Wausau v. Adelphia Communications, et al.
San Bernardino Superior Court, Case No.: SCVSS130193

Fire loss involving claims of negligent installation and improperly energized cables.

Big Dog Holdings, Inc. v. Thomas Industrial Coatings

Negligence action against contractors performing finishing work on the exterior of the building occupied by client causing damage to clothing.

COVERAGE

Englert, Inc. v. Advance Metal Corporation

Determined that no claim for personal and advertising injury exists as defined under the policies for claims that insured reproduced, counterfeited or colorably imitated the “Metal Man” mark.

Danny Pakravan v. 495 Productions, Inc. Los Angeles Superior Court, Case No. BC 378908

Concluded coverage was available to production company for property damage sustained to home used in the filming of a VH1 reality television show.

Garth Schutte v. Alta California Regional Center, et al.

Concluded that the Insurer was not obligated to defend or indemnify insured or its employees against complaint of abuse of process, malicious prosecution, false arrest, negligent infliction of emotional distress and abuse of dependent adult.

Gina Villalobos v. Studio Services, Inc. Los Angeles Superior Court, Case No. BC320697

Determined insurer was not obligated to defend Studio Services for injuries sustained by worker who fell of camera truck because indemnity provision in lease agreement between Studio and insured was not a covered contract under the insured’s liability policy; camera truck was an “auto” expressly precluded from coverage and Studio did not qualify as a “protected person” under the insured’s auto liability policy.

Products Liability Cases

PRODUCTS LIABILITY CASES IN SUBROGATION

Liberty Mutual Fire Insurance Company v. Flexing, Inc. et al.
Los Angeles Superior Court, Case No.: BC 371477

Water loss against distributor and installer of defective component parts in a commercial HVAC unit which failed causing extensive damage to a commercial high rise building in Southern California.

Brookhurst Jewelers, Inc., et al., v. Hanna Cleaners-Anaheim, Inc., et al.
Orange County Superior Court, Case No. 07CC04718

Fire loss originating from a suit press machine located in a neighboring tenant space.

CEC Entertainment, LLC v. Le Nhi Lam, dba Beauty Lounge, et al.
Los Angeles Superior Court, Case No.: BC377037

Fire loss resulting from a malfunctioning HVAC unit in neighboring tenant’s premises.

Dominos Pizza, v. Clarks, et al.
San Bernardino Superior Court, Case No.: CIVRS702325

Fire loss to restaurant caused by defectively designed and installed barbeque oven.

Brookstone Construction, Inc. v. Airgas-West, Inc.

Water loss causing extensive damage to telecommunications equipment caused by defective Installation of a diffuser nozzle in fire protection system.

James Traweek v. Babson Brothers, et al.

Product liability claim resulting from faulty installation and performance of cow milking machine.

Alameda Produce Market, Inc. v. Strawberry Kids

Fire loss resulting from defective wiring at a commercial building.

CA Physicians’ Service, dba Blue Shield of CA v. Holt of California

Fire loss resulting from a starter wire defect on an electrical generator.

Big Dog Holdings, Inc. v. Thomas Industrial Coatings

Negligence action against contractors performing finishing work on the exterior of the building occupied by client causing damage to clothing.

PROFESSIONAL LIABILITY CASES

Reese Jones v. Deutsch Bank AG, et al.
U.S.D.C., Central District of California, No. C045357WHA

Retained by insurer for English Barrister sued in $100 million Securities Fraud Action to advise upon U.S. law, Hague Convention and comparative law principles.

In re John C. Jeffers
U.S.D.C., Central District of California, Bk. No. RS 02-21467 DN

Defended English Solicitor from Bankruptcy Trustee’s action to recover millions which were allegedly laundered through solicitor’s trust account in Ponzi scheme.

A-AAA Yellow Cab, Inc. v. Lyle Overby dba Lyle Overby & Associates et al.
Orange County Superior Court, Case No.: 00CC01089

Obtained dismissal at the pleading stage of action against insurance broker alleging professional negligence in the placing of insurance.

Derenda Boseman v. Lexington Insurance, et al.
Los Angeles Superior Court, Case No.: BC 260212

Defended class action against cemetery for millions arising out of the alleged mishandling of decedents’ remains.

In Re: Paradise Memorial Park Litigation
Los Angeles Superior Court, Lead Case No. BC130375

Defended multi-million dollar class action against mortuaries for alleged mishandling of decedents’ remains.

California Watchdog, v. Express Nails, et al.
Riverside Superior Court, Case No.: RIC 383995

Represented beauty salons against claims for violation of California Business & Professional Code Section 17200 et seq. Obtained dismissals at the pleading stage.

Reinsurance

WLG has an international reinsurance practice. Our expertise includes reinsurance disputes involving captives, off shore holdings, insolvencies, commutations and intermediary exposure. We have represented both ceding companies and reinsurers in arbitrations involving both treaties and facultative certificates. We have handled such issues as aggregate extension clauses, offset, right to associate, follow the fortunes and settlements, declaratory judgment expenses, fraud and collusion, late notice, and bad faith.

General Liability Cases

WRONGFUL DEATH

Michele and Teresa Maurizio v. Event Medical Services, Inc., et al.
Los Angeles Superior Court, Case No.: BC 280544

Obtained defense verdict far below plaintiff’s lowest settlement demand in wrongful death action involving the EMT’s care of a nightclub patron who overdosed on Ecstasy.

Thomas, et al., v. Concept Consulting, Inc., et al.
Los Angeles Superior Court, Case No.: BC 313000

Wrongful death case against rental car company and driver who, under the influence of drugs, pinned a pedestrian between two cars.

Jenny Kuok, et al., v. McMahon’s RV, et al.
Orange County Superior Court, Case No.: 05CC02051

Case involved catastrophic auto accident which killed both parents of two minor children who were also in the vehicle at the time of the accident.

PROPERTY DAMAGE

Judith Reno, et al v. Safco Capital Corp., et al.
Riverside Superior Court, Case No.: RIC 379367

Obtained a defense verdict at trial on behalf of a beauty shop owner accused of negligent installation and maintenance of store sign which caught fire and burned down a commercial shopping center. WLG recovered on client’s cross claim against the property owner for entire damages claim.

Danny Pakravan v. 495 Productions, Inc.
Los Angeles Superior Court, Case No.: BC 378908

Defended a high profile television production company against breach of contract and negligence claims arising out of a filming of a reality show at the plaintiff’s multi-million dollar estate.

Travelers Property Casualty v. AG Edwards, Inc., et al.
San Diego Superior Court, Case No.: GIC 862888

Defended fire and water loss claim against investment advisor company brought by landlord and co-tenant.

Len Steckler v. Carolyn Holstein-Mintzer, et al.
Los Angeles Superior Court, Case No.: BC332 264

Represented defendant Clear Channel Outdoor, Inc. against claim of negligence related to its installation of a billboard located above artist Len Steckler’s studio.

Precision Litho, Inc. v. BPS Services, et al.
San Diego Superior Court, Case No.: 37-2008-00101258-CU-BC

Represented commercial printing company against a contractor for damage to its multi-million dollar printing equipment as a result of negligent installation.

Bristol Group v. Southern California Safe Company

Represented retail property owner against a contractor whose use of a welding torch caused a fire resulting in extensive property damage.

Khechoumian v. Big Adventure Productions, LLP
Los Angeles Superior Court, Case No.: EC 045249

Defended a movie production company against claims for property damage and consequential damages alleged by a commercial property owner in connection the production company’s filming.

Adidas – Solomon North America, Inc. v. The Viking Corporation

Represented a production company in claims against a security agency for negligently performing services at its office which allowed for criminal activity leading to damages to its business and property.

James Traweek v. Babson Brothers, et al.

Acted as supervising counsel on behalf of its client in an action involving damages in excess of one million dollars related to faulty installation and performance of a 14 herringbone milking machine.

Beacon Capital Partners, Inc., v. Western Waterproofing Company, Inc.

Obtained a favorable pre-litigation settlement on behalf of its client against a contractor for defective work performed at its property, a 32-floor high rise office complex.

Benegas v. Subway, et al.
Riverside Superior Court, Case No.: RIC 455275

Defended a Subway restaurant in an action brought by a neighboring tenant for a fire which originated from Subway restaurant’s bread oven. The oven was negligently installed by a contractor which caused the fire. WLG’s attorneys obtained a favorable settlement not only by settling on behalf of its client, but by recovering against a co-defendant in subrogation on behalf of the insured and its carrier.

PERSONAL INJURY

Stephanie Chase v. Long Beach Public Transportation Company, et al.
Los Angeles Superior Court, Case No.: NC030875

Substituted into the defense of a fibromyalgia case when the exposure escalated into client’s $250,000 excess layer with a $2 million demand.

Karen Shaw v. Cop-A-Tan, Inc.,
Los Angeles Superior Court, Case No.: YC047194

Extricated client via summary judgment motion regarding causation in severe burn case.

Gurminder Sindal v. British Airways, Plc
U.S.D.C., Northern District CA, Case No.: C 05-00410 MJJ

Represented airline in a claim by a passenger who suffered a compound fracture of the tibia and fibula at Heathrow Airport, London, England.

Susan and Louis Altuna v. Redondo Shell
Los Angeles Superior Court, Case No.: YC050169

Represented a gas station defendant in a slip and fall case where plaintiff allegedly slipped and fell on antifreeze fracturing her ankle.

George Matranga v. Cole Ambulance Service, et al.
Los Angeles Superior Court, Case No.: KC044928

Represented ambulance company against claims involving negligence in the transport of an elderly patient who had undergone hip replacement surgery.

Masoumeh Salehi v. Kotsuji Hidemi, et al.
Los Angeles Superior Court, Case No.: SC 0077880

Defended a driver of a rental car against personal injury claims resulting from an auto accident.

Daniel Ojeda, v. Canada’s Auto Sales, Inc. dba America’s Xpress Rent A Car,
San Bernardino Superior Court, Case No.: SCVSS 099977

Represented a defendant rental car company in an auto accident case wherein a renter collided with a city bus causing the driver bodily injuries.

Adelpour v. ABC Rent-A-Car, et al.
Los Angeles Superior Court, Case No.: YC046915

Defended a rental car agency in a personal injury auto accident case.

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