The consideration exception to CA’s recreational use immunity statute is contingent upon payment of consideration, not its receipt by the party seeking immunity. Edited by: Charles Redfield Pacific Gas and Electric Company v. The Superior Court of San Mateo County (Rowe) Court of Appeal, First Appellate District (April 5, 2017) In Pacific Gas and Electric…

Share this:

Edited by: Charles Redfield Muhammad Iqbal v. Imran Ziadeh COURT OF APPEAL, THIRD APPELLATE DISTRICT (March 24, 2017) The issue in this case is whether plaintiff’s release in a previous case immunized defendant Imran Ziadeh (“Ziadeh”) against liability arising from the same accident because Ziadeh was an “affiliate” of Yosemite Auto Sales, Inc., its owners…

Share this:

Subcontractors can still owe indemnity to general contractors even when the general is found liable for active negligence or willful misconduct. Oltmans. Issue By: Charles S. Redfield Oltmans Construction Co. v. Bayside Interiors, Inc. Court of Appeal, First Appellate District, 10 Cal.App.5th 355 (March 30, 2017) Civil Code § 2782.05 renders an indemnity provision in…

Share this:

At the PCEA Spring Meeting, Fenech and Reed gave a California Case Law update. The Pacific Claim Executives Association holds educational and networking events for insurance professionals. In addition, Ms. Reed presented on “Marijuana, An Emerging Insurance Industry Risk”, with Beth Ossino of Golden Bear Insurance.

Share this:

Issue By: Thomas J. LoSavio Cuevas v. Contra Costa County First Appellate District, Division One (April 27, 2017) In an ordinary personal injury lawsuit, a defendant may not introduce evidence of amounts the plaintiff received from insurance covering the injuries. This rule is called the “collateral source” rule. The public policy behind the rule is…

Share this:

© 2018 LOW, BALL & LYNCH | DISCLAIMER | PRIVACY

CONNECT WITH US: