Weekly Law Resume

Weekly Law Resume

Low, Ball & Lynch

This is Low, Ball & Lynch's weekly email update, republished here

12/15/05-Property Insurance - Notice of Claim

12/7/05-California Unfair Competition Law - Application of Proposition 64 Amendment

12/1/05-Coverage – Homeowner’s Policy - Exclusions

11/24/05-Contracts – Indemnity Agreement

11/17/05-Contracts - Tenant’s 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 - Homeowner’s 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 Hospital’s 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.



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