Issue By:  David L. Blinn Sonia Graziano v. Mercury General Corporation, et al. Court of Appeal, Fourth Appellate District (November 12, 2014) When a carrier refuses to settle a claim within its insured’s policy limits, it may be exposed to a bad faith claim, either directly from its insured, or on assignment by its insured to…

Issue By:  Charles S. Redfield Nan Lawrence, et al. v. La Jolla Beach and Tennis Club, Inc., et al. Court of Appeal, Fourth Appellate District (October 31, 20-14) When he was five years old, plaintiff Michael Lawrence fell from a window in his family’s second story hotel room at the La Jolla Beach and Tennis Club…

Issue By:  Thomas J. LoSavio CB Richard Ellis, Inc. v. Terra Nostra Consultants, et al. Court of Appeal, Fourth District, Division 3 (October 7, 2014) One of the advantages of the Limited Liability Company (“LLC”) structure is, not surprisingly, that it generally limits the liabilities of its Members.  One exception to that general rule is created…

Issue By:  David L. Blinn Luiz Baek v. Continental Casualty Company Court of Appeal, Second Appellate District (October 6, 2014) Most commercial general liability policies provide coverage for negligent acts only.  Although the duty to defend is broader than the duty to indemnify, courts have usually treated claims of sexual assault as being intentional, and therefore…

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