Ambiguous Questions in Insurance Application Prevent Rescission
in Insurance Law by Stephen Raucher
In a decision which softens the normally harsh rules confronting policyholders with respect to rescission of insurance policies, California’s First Appellate District recently reversed a summary judgment of rescission. Duarte v. Pacific Specialty Ins. Co., 13 Cal.App.5th 45 (2017). The … more
Notwithstanding a Willful Misconduct Exclusion, Policy Found to Cover Litigation Expenses on Appeal
in Insurance Law by Stephen Raucher In a victory for policy holders, California’s Second Appellate District recently held that when an insurance policy expressly provides coverage for litigation expenses on appeal, an exclusion requiring repayment to the insurer upon a “final determination” of the insured’s culpability … more
California Supreme Court Reverses Itself, Allowing Post–Loss Assignment of Insurance Policies
in Insurance Law by Stephen Raucher Approximately 12 years ago, the California Supreme Court permitted an insurer, after a loss has occurred, to refuse to honor an insured’s assignment of the policy coverage for such a loss. Henkel Corp. v. Hartford Accident & Indemnity Co., 29 … more
Defamatory Social Media Posts About California Residents Don’t Necessarily Subject the Defamer to Personal Jurisdiction in California
in Civil Litigation by Stephen Raucher The brave new world of social media represents a challenge to courts trying to apply traditional notions of personal jurisdiction. This was highlighted in the recently published case Burdick v. Superior Court (Cal. Ct. App., Jan. 14, 2015) 15 Cal. … more
Employment Practice Exclusion Held to Bar Coverage for False Imprisonment Claim
in Insurance Law by Stephen Raucher California courts have consistently ruled that an insurer’s duty to defend is extremely broad, triggering when facts stated or fairly inferable in a complaint suggest a claim even potentially covered by the policy. Even so, a California Court of Appeal … more
Aiding and Abetting a Breach of Fiduciary Duty Does Not Require that the Aiders and Abettors Owe an Independent Duty
in Civil Litigation by Stephen Raucher In a case with important lessons for business litigators, a California Court of Appeal recently clarified the distinction between aiding and abetting a breach of fiduciary duty and conspiracy to breach fiduciary duty, finding that a defendant can be liable … more
Alleged Discriminatory Hiring Practices at CBS News Stations in Los Angeles Deemed to be Protected Activity under California’s Anti-SLAPP Statute
in Civil Litigation by Stephen Raucher A California Court of Appeal recently decided that CBS’s decision to hire a young, attractive woman as opposed to an older man as a weather anchor constitutes protected free speech. Hunter v. CBS Broadcasting, Inc., 2013 Cal. App. LEXIS 997 … more
Unpredictability in the Law Surrounding Employer Liability for Torts Committed by Employees Driving to and from Work
in Civil Litigation by Stephen Raucher In the span of two weeks, two cases involving the doctrine of respondeat superior were decided in California resulting in opposite outcomes. Under the legal theory of respondeat superior, employers are vicariously liable for the tortious acts committed by employees … more
Fame Does Not Guarantee First Amendment Protection
in Civil Litigation RRB Law Blog by Stephen Raucher Even in today’s world of reality television, where people are famous for being famous, such fame does not create an issue of public interest entitled to special protection. In the recently published decision of Albanese v. Menounos, 2013 Cal. App. … more
ABC Wins “LOST” Idea Submission Lawsuit
in Civil Litigation by Stephen Raucher On March 8, 2013, the California Court of Appeal ruled in favor of ABC in an idea submission lawsuit regarding the television series LOST. Spinner v. American Broadcasting Companies, Inc., 215 Cal. App. 4th 172 (2013). The lawsuit centered on … more
California Supreme Court Clarifies the “Continuous Accrual” Exception to the Statute of Limitations, Expanding the Ability of Plaintiffs to Sue
in Civil Litigation by Stephen Raucher On January 24, 2013, the California Supreme Court decided the case Aryeh v. Canon Business Solutions, Inc., 55 Cal. 4th 1185 (2013), and clarified the common law theory of continuous accrual as it pertains to statutes of limitation. The Court … more
Evidence of Fraudulent Statements At Variance With Contractual Language Allowed by New California Supreme Court Case
in Civil Litigation by Stephen Raucher The California Supreme Court recently decided Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association, 55 Cal.4th 1169 (2013), and changed the fraud exception to the parol evidence rule. The Court departed from the highly criticized Pendergrass rule, which took … more