Issue By: Vernice T. Louie Joseph Petitpas v. Ford Motor Company, et al. Court of Appeal, Second Appellate District, 13 Cal.App.5th 261 (July 5, 2017) Plaintiffs Marline and Joseph Petitpas sued Exxon Mobil Corporation, Ford Motor Company, and numerous other defendants, alleging that Marline developed mesothelioma as a result of exposure to asbestos-containing products. Exxon…

Issue By: Catherine E. Golden Kathleen S. Swigart v. Carl Bruno Court of Appeal, Fourth Appellate District 8 Cal.App.5th, 529 (June 22, 2017) The California Court of Appeals held that those who choose to engage in an inherently risky activity, such as an endurance horseback riding event, assume the risk of injury. On March 3,…

Issue By: Trevor W. Montgomery Kawika Demara, et al. v. The Raymond Corporation, et al. California Court of Appeal, Fourth Appellate District (July 18, 2017) Kawika Demara was a warehouse employee at the time his foot was crushed under the drive wheel of a Raymond Corporation forklift that was custom made for his employer. He…

Ms. Reed’s presentation at the 2017 Council Meeting provided businesses and insurers with important information about the impact of marijuana legalization on insurance, employment law, and worker’s compensation. 31st Annual California Council Meeting Insurance Professionals of Monterey Bay Seaside, California 1:00pm, October 27, 2017 Christine Balbo Reed has been with Low, Ball & Lynch since…

Edited by: Charles Redfield Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Co. Court of Appeal, Second Appellate District (July 3, 2017) In Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Co. (“Tustin”), an insurance coverage dispute involving an underground gasoline storage tank that had developed a crack in its fiberglass sheath, the…

Issue By: Nelson E. Rivera Victor Duarte v. Pacific Specialty Insurance Company Court of Appeal, First Appellate District (June 12, 2017) Under the legal principle of “rescission,” an insurance company can rescind an insurance policy if the insured makes “material” misrepresentations or conceals material facts. The insurer in this case unsuccessfully attempted to rescind an…

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