Issue By:  David L. Blinn Stephens & Stephens XII, LLC v. Fireman’s Fund Ins. Co., et al. Court of Appeal, First Appellate District (November 24, 2014) Most standard property polices allow the insurer to choose to pay the lesser of actual cash value of the damaged/lost property or the cost of repairing or replacing the damaged…

Issued by: Vernice T. Louie J.B.B. Investment Partners, Ltd., et al. v. R. Thomas Fair, et al. Court of Appeal, First Appellate District (December 5, 2014) J.B.B. Investment Partners, Ltd. (“JBB”) and Silvester Rabic (“Rabic”) (collectively, “Plaintiffs”) invested in BRE Boulevard LLC (“Boulevard”) and BRE Cameron Creek LLC (“Cameron”) whose managing member is Bronco RE Corporation…

Issue By:  David L. Blinn Christina Elliott v. Geico Indemnity Company Court of Appeal, Third Appellate District (November 19, 2014) In California, Uninsured Motorist (“UM”) Coverage and Underinsured Motorist (“UIM”) Coverage are “creatures of statute,” and are required as part of every automobile liability insurance policy pursuant to Insurance Code section 11580.2.  The statute states what…

Issue By:  David L. Blinn Tanya Honeycutt v Meridian Sports Club, LLC Court of Appeal, Second Appellate District (November 6, 2014) The primary assumption of the risk doctrine has been used by courts to provide immunity from suit for certain sporting and recreational activities, based on the public policy consideration that such activities are to be…

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