A couple of recent cases have come down that I think are worthy of mention. The first is Brown v. Mid-Century Insurance Company (Case No. B238357, filed 4/2/13). In that case the California Court of Appeals ruled that the...
Category: Insurance Blog
Tips for Thorough Recorded Statements
March 26, 2013
Most insurance companies have a template of questions (recorded statement guide) for taking recorded statements, which is very useful. Even the most experienced statement takers can forget important questions in the heat of...
Not Your Usual Subrogation Claim
March 13, 2013
The typical subrogation case usually goes something like this: duty, breach, causation and damages. Once in a while, a contract with the adverse party provides a greater or better description of the duty, or a violation of...
Working with Interpreters
February 26, 2013
If you don’t understand a language spoken, how do you know if the interpreter is doing a good job? Interpretations should be as accurate as possible, with the answer in the first person. The truth is, it is difficult to...
Recent California Cases of Note
February 1, 2013
I have come across a few California cases that I thought you might find interesting. The amount listed in the declarations for “actual cash value” is a limit and does not create a “valued” property policy. In the case...
Courtroom Experience Reminds Me of a Seinfeld Episode
January 10, 2013
Do you remember the final episode of Seinfeld? In the courtroom was everyone the foursome had offended throughout the years. One after another, the witnesses came forward, reminding Jerry, George, Elaine and Kramer of all the...
Submission of Insurance Claims Not Always Protected Prelitigation Conduct Under First Amendment
December 14, 2012
In a new published opinion, the California Court of Appeal, Second Appellate District, upheld a trial court’s finding that submission of insurance claims may not constitute protected prelitigation conduct under the...
California Court of Appeal Upholds No Duty to Defend Trademark Infringement Claim Where No Disparaging Acts Are Alleged
November 9, 2012
Hartford Casualty Insurance Co. v. Swift Distribution Inc., B234234, Oct. 29, 2012 Background Hartford Casualty Insurance Co. (Hartford) issued a general liability insurance policy including advertising injury coverage to...