INSURANCE: Burning branches from trees that were felled to prevent damage to vehicles not necessary part of preventing damage to/maintaining vehicles, no coverage of neighboring property burned in wildfire… decision based on insurer’s cross-appeal… Menahan reversed. [Read more…]
Interpleader, wildfire insurance, rehearing denied
INTERPLEADER: Rehearing denied as to holding that interpleader was intended to equitably distribute all insurance notwithstanding 2 judgments against insured and execution writs against $1 million CGL stemming from wildfire affecting 35 neighbors… order. [Read more…]
Interpleader, wildfire insurance claims
INTERPLEADER intended to equitably distribute all insurance proceeds notwithstanding 2 judgments against insured and execution writs against $1 million CGL proceeds stemming from wildfire affecting 35 neighbors… deposit of proceeds not required at time interpleader was commenced, proceeds deposited after Federal Court found coverage were part of res… Menahan affirmed. [Read more…]
Insurance, stipulated $29 million reasonableness
INSURANCE: Reasonableness of $29 million stipulated judgment for breach of duty to defend improperly considered solely from perspective of uninsured Defendants, remanded for 2nd hearing and objective consideration of merits of underlying case and value to a prudent uninsured of confessing judgment… ESOP payouts not required to be deducted from $29 million but may be considered in reasonableness of settlement… Plaintiffs will be entitled to postjudgment interest if settlement approved following 2nd hearing, but not to prejudgment interest… Townsend reversed, affirmed. [Read more…]
Defense verdict, insurance bad faith, failed TICs
VERDICT: Defense, insurance bad faith claims stemming from failed TIC investments. [Read more…]
Insurance bad faith, JML, TIC investments
INSURANCE BAD FAITH: JML for insurer on bad faith claims following settlement of Tenants-in-Common investments suit by ranch… Haddon. [Read more…]
Defense judgment, auto death insurance exclusions
BENCH JUDGMENT: Claims of negligent entrustment/supervision of son who stole death car from parents precluded by home policy exclusions for injury arising out of ownership/use of parents’ car, failure to prove exclusion ambiguities or gross negligence… [Read more…]
Insurance, duty to defend, stipulated judgment
INSURANCE: Court correctly found, without coverage analysis, that insurer breached duty to defend after recognizing policy potentially implicated, estopped from denying coverage… $29 million stipulated judgment improperly granted without [Read more…]
Right to know, City employees, Internet porn
RIGHT TO KNOW: City employees had expectation of privacy that public willing to find reasonable as to their identities in investigation/discipline for use of computers to access [Read more…]
Political practices, defamation, malicious pros
POLITICAL PRACTICES: Defamation claims by PSC candidate against opponent rejected by jury… malicious prosecution, [Read more…]