Firm Blogs
- Take the Money or Rescind -- Not Both
Wed, 08 Sep 2010 13:26:40 -0800
In Village Northridge Homeowners Association v. State Farm Fire and Casualty Company (decided August 30, 2010), the California Supreme Court rejected an insured’s attempt to sue State Farm for fraud in inducing settlement of the insured’s property damage claim. The insured alleged the se...
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- Dismissal of Class Allegations at Pleading Stage Disallowed - Again
Fri, 03 Sep 2010 15:26:53 -0800
Another California appellate decision has restricted the ability to challenge class action allegations at the pleading stage, reiterating that the determination of class suitability in most instances should be made at the time of a motion for class certification.
In Gutierrez v. California Commerce ...
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- Insurer's Denial of Business Interruption Claim, Since There Was No "Accidental Direct Physical Loss," Affirmed by California Court of Appeal
Wed, 25 Aug 2010 14:58:19 -0800
On August 4, 2010, the California Court of Appeal for the Second Appellate District affirmed a summary judgment in favor of State Farm in connection with the insurer’s denial of a claim under a first party business interruption policy (MRI Healthcare Center v. State Farm General Insurance...
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- Barger & Wolen's Insurance Law Blogs Named to Top 50 Blogs by LexisNexis Insurance Law Community
Thu, 19 Aug 2010 15:53:04 -0800
Barger & Wolen's insurance law blogs have collectively been ranked No. 5 by LexisNexis in the Insurance Law Community's Top 50 Insurance Blogs 2009 Honorees.
According to LexisNexis,
These top blogs offer some of the best writing out there. They contain a wealth of information for ...
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- California Supreme Court Holds Treble Damages Not Permitted under the Unfair Competition Law - Restitution is the Sole Monetary Remedy
Mon, 09 Aug 2010 14:53:08 -0800
Earlier today, the California Supreme Court issued its unanimous opinion concluding that Civil Code section 3345, which allows treble damages to be awarded to seniors when a statute provides for a fine or penalty, is not permitted under the Unfair Competition Law, Business & Professions Code sec...
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- Supreme Court Upholds San Francisco Health Care Plan Requiring Employer Contributions
Wed, 07 Jul 2010 14:41:37 -0800
On June 28, 2010, the United States Supreme Court announced that it would not hear a challenge to San Francisco’s universal health care program filed by the Golden Gate Restaurant Association. The announcement effectively put an end to a four-year legal battle.
One provision of program, ...
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