Weekly Law Resume
Low, Ball & Lynch
This is Low, Ball & Lynch's weekly email update, republished here
11/16/06-Coverage - Property Insurance - Under Construction
11/9/06-Subrogation - Doctrine of Superior Equities
10/26/06-Duty to Defend - Supplementary Payment Provision
10/19/06-Public Entities Trail Immunity
10/12/06-Duty to Defend - Insureds Settlement
10/5/06-Duty of Care - Assumption of Risk
9/21/06-Damages - Proper Measure of Loss of Use
9/14/06-Duty of Care - Assumption of the Risk - Dog Bite
9/7/06-Coverage - Automobile Exclusion - Concurrent Cause
8/24/06-Coverage - CIGA - Covered Claims
8/17/06-Coverage - Damages - Evidence of Total Amount of Medical Bills
8/10/06-Coverage - Pollution Exclusion Dirt and Rock
8/3/06-Coverage - Contribution
7/26/06-Duty of Care - Assumption of Risk Golf
7/20/06-U.M. Arbitration - Applicability of C.C.P. Section 998
7/13/06-Bad Faith - Recovery of Attorney Fees Upon Assignment of Claim
7/6/06-Property Insurance - Appraisals - Coverage
6/29/06-Coverage - Contribution Action - Burden of Proof
6/22/06-Coverage - Damages - Administrative Order Response Costs
6/15/06-Civil Procedure - Standard For Service of Process
6/8/06-Cancellation - Financed Policies - Notice to Additional Insured
6/1/06-Damages- Application of Proposition 51 to Intentional Torts
5/25/06-Duty of Care - Assumption of Risk
5/18/06-Torts - Negligent Undertaking Doctrine
5/11/06-Torts - Duty of Care - Course and Scope of Employment
5/4/06-Duty of Care - Homeowner Liability - Employee
4/27/06-Damages - Evidence of Gratuitous Payments Barred By Collateral Source Rule
4/20/06-Duty to Defend - D&O; Policy
4/13/06-Torts - School District Owes No Duty Of Care To Injured Baseball Player
4/6/06-Bad Faith - Splitting Breach of Contract and Bad Faith Causes of Action
3/30/06-Torts - Privette Doctrine Applies To Hirers of an Injured Independent Contractor
3/23/06-Coverage - Rescission - Material Misrepresentation
3/16/06-Insurance - Exclusion For Employment Related Practices Does Not Prevent Coverage
3/9/06-Bad Faith - Negligent Investigation and Handling
3/2/06-Duty of Care - Release of Liability
2/23/06-Duty To Defend - Contractual Indemnity
2/16/06-Insurance - Carrier Must Intervene To Protect Own Interests
2/9/06-Bad Faith - Failure To Investigate - UM Claim
2/2/06-Civil Procedure - Release From Liability
1/26/06-Employment - Validity of Class Action Waiver in Pre-Employment Arbitration Agreement
1/19/06-Insurance Coverage - Third Party Beneficiary
1/12/06-Public Entities - Reimbursement of Emergency Response Costs
1/5/06-Punitive Damages - Standards For Application
12/29/05-Duty of Care - Landowner - Independent Contractors Employees
12/22/05-Public Entities - Duty of Care for Off-Campus Student Injuries
12/15/05-Property Insurance - Notice of Claim
12/7/05-California Unfair Competition Law - Application of Proposition 64 Amendment
12/1/05-Coverage Homeowners Policy - Exclusions
11/24/05-Contracts Indemnity Agreement
11/17/05-Contracts - Tenants Duties Must Be Expressly Stated in Lease
11/10/05-Torts - Federal Standard Requires Commercial Driver To Use Extreme Caution
11/03/05-Torts - Primary Assumption of Risk Defense
10/27/05-Duty of Care Products Liability Sophisticated User Doctrine
10/20/05-Torts - Landowner Liability - Third Party Criminal Acts
9/29/05-Coverage - Interpretation of Insurance Policy Language
9/22/05-Coverage Statute of Limitations Suit Against Excess Carrier
9/15/05-Torts Employer Liability Course and Scope of Employment
9/8/05-Coverage Administrative Proceedings Duty to Defend and Indemnify
9/1/05-Bad Faith Coverage Subrogation
8/25/05-Bad Faith Genuine Dispute Doctrine Punitive Damages
8/18/05-Statute of Limitations - Tolling Provision
8/11/05-Wrongful Death Action Medi-Cal Liens
8/04/05-Torts - Homeowners Association Not Liable For Injuries Suffered by Security Guard
7/28/05-Coverage - Reimbursement of Defense Fees
7/21/05-Damages - Constitutionality of Punitive Damages
7/14/05-Negligence - Duty of Business To Protect Against Third Party Criminal Acts
7/07/05-Coverage Malpractice Policy Claims Made and Reported
6/16/05-Torts - Attorney Fees - Property Damage Claim
6/09/05-Statute of Limitations -Tolling - Discovery of Defect
6/02/05-Negligence - Superseding Cause Can Break Chain of Causation
5/26/05-Property Coverage - Limitations Period - Equitable Estoppel
5/19/05-Insurance - Two-Year Statute of Limitations For Uninsured Motorist Claims Not Retroactive
5/12/05-Property Coverage - Efficient Proximate Cause
5/05/05-Discovery - Insurer's Financial Records
4/28/05-Torts- Negligent Infliction of Emotional Distress Claim Limited To Blood or Marital Relative
4/21/05-Civil Procedure - Statute of Limitations - Two-Year Statute
4/14/05-Damages - Limits Placed on Hospitals Right To Assert Lien
4/7/05-Uninsured Motorist Coverage - Prejudgment Interest and Section 998 Offers
3/24/05-Wrongful Death - Statute Extending Right To Sue To Domestic Partners Applied Retroactively
3/17/05-Coverage - Insurance Regulations
3/10/05-Negligence - Defendant's Act or Omission Must Be Substantial Factor in Causing Injury
3/03/05-Coverage - Proration Between Excess Insurers
2/10/05-Civil Procedure - Declaration of Vexatious Litigant
1/27/05-Property Coverage - Exclusions - Sewer Backup
1/20/05-Public Entities - California Unfair Competition Law
1/13/05-Coverage - Uninsured Motorist Coverage - Exclusions
1/6/05-Negligence - Admissibility of CAL-OSHA Violations
12/30/04-Coverage - Advertising Injury Coverage
12/23/04-Indemnity - Broker Liability to Insurer
12/16/04-Civil Procedure - Experts - Disqualification
12/09/04-Insurance - No Duty To Arbitrate Amount of Damages in Uninsured Motorist Action
12/02/04-Insurance - Priority of Coverage - Tractor and Leased Trailer Policies
11/25/04-Uninsured Motorist Coverage - Multiple Policies
11/18/04-Duty to Defend - Contribution Among Insurers
11/11/04-Civil Procedure - Prejudgment Interest - Malicious Prosecution
10/28/04-Duty of Care - Sidewalk Crack Causing Fall
10/21/04-Bad Faith - Discovery - Other Claim Files
10/14/04-Coverage - Offset of Disability Benefits - CIGA Claim
10/7/04-Coverage - Homeowners Policy - Residents
9/30/04-Coverage - Automobile Insurance - Dog Bite
9/23/04-Duty - Sidewalk - Obvious Defect
9/16/04-Coverage - Automobile - Passenger
9/2/04-Coverage - Property Damage - Duty to Defend
8/19/04-Workers' Compensation Subrogation - Wrongful Death Actions
8/12/04-Coverage - Property Damage
7/29/04-Civil Procedure - Offers to Compromise
7/22/04-Civil Procedure - Mediation - Confidentiality
7/15/04-Attorneys - Disqualification
7/08/04-Coverage - Related Claims
7/01/04-Duty - Prior Owner of Property
6/24/04-Indemnity - Right to Recover
6/17/04-Insurance Broker Liability - Stipulated Judgment
6/10/04-Duty to Defend - Contribution Between Insurers
6/03/04-Coverage - Property Damage - Construction Defect
5/27/04-Coverage - Permissive Users - Reduced Limits
5/20/04-Duty of Care - Criminal Acts
5/13/04-Duty of Care - Apartment Owners
5/06/04-Coverage - Joint Power Authorities
4/29/04-Malicious Prosecution - Elements
4/22/04-Uninsured Motorist Coverage - Discovery
4/15/04-Evidence - Testimony of Experts
4/08/04-Uninsured Motorist - Bodily Injury Claim
3/18/04-Evidence - OSHA Violations
3/11/04-Property Insurance - Replacement Cost Policy - Earthquake Damage
3/04/04-Coverage - Property Policy - Exclusion
2/19/04-Bad Faith - Anti-SLAPP Motion
2/05/04-Property Insurance - Examination Under Oath - Failure to Attend
1/22/04-Duty to Defend - Cumis - Expenses
1/15/04-Civil Procedure - Liability for Statements to Police
1/01/04-First Party Coverage - Loss of Computer Data
12/25/03-Civil Procedure - Filing Fees
12/18/03-Coverage - ADA Claims
12/04/03-Employment Law - Liability for Sexual Harassment
11/27/03 -Duty of Care - Gun Manufacturers
11/12/03-The California Anti-SLAPP statute
11/06/03-Uninsured Motorist Coverage - Altercation
10/30/03-Civil Procedure - Fast Track Rules - Summary Judgment
10/23/03-Coverage - Response Costs - Pollution
10/16/03-Duty of Care - Criminal Assault
10/09/03-Stipulated Judgments
9/25/03-Bad Faith
9/18/2003- Coverage - ADA Claims
9/11/2025- Duty of Care - Liability of Coac
We would like to thank Low, Ball & Lynch for their information and insights.