Issued by: Vernice Louie Torts – Negligence – Assumption of the Risk Robert Fazio, Jr. v. Fairbanks Ranch Country Club Court of Appeal, Fourth Appellate District (January 29, 2015) Primary assumption of the risk completely bars a plaintiff’s recovery. However, summary judgment on primary assumption of risk grounds is unavailable unless the defendant disproves the…

February 23, 2015 Shareholder Laura S. Flynn obtained a summary judgment in favor of a property owner who was sued for an alleged violation of the owner move-in provisions of the San Francisco Rent Ordinance. The tenants’ last demand was $1.7 million based on the difference between the amount of rent they were paying for…

Issue By:  David L. Blinn National Union Fire Ins. Co. of Pittsburg, PA. v. Tokio Marine and Nichido Fire Ins. Co. Court of Appeal, Second Appellate District (February 4, 2015) Traditionally, a duty to defend is determined by the information available to an insurer at the time of the tender of defense.  This case involved an…

Article by: Joseph M. Fenech, Esq. A homeowners association, on behalf of its members, sued a condominium developer and various other parties for construction design defects that allegedly made their homes unsafe and uninhabitable for a significant portion of the year. Two defendants were architectural firms that allegedly designed the homes in a negligent manner…

Kurt Bridgman, Low, Ball & Lynch shareholder, was recently able to bring together a majority of the defendants in a high exposure wrongful death case to obtain a resolution. The case had a number of difficult factors that were preventing negotiations, including a large number of defendants; their interrelated and conflicting contractual indemnity and insurance…

Issue By:  Christine B. Reed Avery Richey v. Autonation, Inc., et al. Supreme Court of California (January 29, 2015) The California Supreme Court reversed a Court of Appeal decision.  The Court held that an employee’s violation of his employer’s written leave policy justified an arbitration award in the employer’s favor despite possible erroneous application of the…

Issue By:  David L. Blinn McMillin Companies, LLC v American Safety Indemnity Company Court of Appeal, Fourth Appellate District (January 22, 2015) When an insured seeks and is declined a defense as an additional insured under one or more liability policies, it may bring a breach of contract action for failure to defend, and may also…

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