Issue By: David L. Blinn Trent Mills v. AAA Northern California, Nevada & Utah Ins. Exchange Court of Appeal, Third District (September 20, 2016) Under Insurance Code § 1861.03(c)(1), an insurer has a statutory right to cancel an automobile liability policy prior to its expiration if it is faced with “a substantial increase in the…

Issue By: Tom LoSavio Mediation Privilege – Federal v. State Law Applicability In Re: TFT-LCD (Flat Panel) Antitrust Litigation; Sony Electronics, Inc. et al. v. Hannstar Display Corp. U.S. Court of Appeal, Ninth Circuit (September 1, 2016) California law (Evidence Code §§ 1115-1128) recognizes a privilege for communications in and around a mediation. Federal law…

Issue By: James F. Regan Aluma Systems Concrete Construction of California v. Nibbi Bros. Inc., et al. Court of Appeal, First Appellate District (August 16, 2016) This case considered the applicability of a contract’s indemnification clause where there was no alleged negligence by the indemnifying party in an underlying action. Aluma Systems Concrete Construction of…

Issue By: David L. Blinn Barickman v. Mercury Casualty Company, et al. Court of Appeal, Second Appellate District (July 25, 2016) Where a carrier refuses to accept a settlement demand within policy limits, it risks the chance of being held responsible for any judgment or verdict in excess of the policy limits. This case considered…

Issue By: Joshua K. Bart Rebecca Osborne v. Bruce Yasmeh, et al. Court of Appeal, Second Appellate District (July 28, 2016) In California, two overlapping laws, the Unruh Civil Rights Act (Civil Code § 51) and the Disabled Persons Act (Civil Code §§ 54-55.3), are the principal sources of state disability access protection. In Surrey…

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