In HSS Enterprises, LLC, v. AMCO Insurance Co., Case No. C06-1485-JDP, the plaintiff sued for breach of contract, bad faith, and violations of the Washington Consumer Protection Act related to the insurer's investigation and payment of a fire loss. The…
In Holden v. Farmers Insurance Co. of Washington (January 22, 2008), in the context of a homeowner's insurance policy under a broad form renter's package, the Washington Court of Appeals held that actual cash value does not include sales tax…
A Los Angeles appellate court has held that an insurer may be liable for a default judgment despite policy language indicating otherwise. Belz v. Clarendon America Ins. Co., --- Cal. Rptr. 3d --- (2007). A homeowner sued a contractor over…
An appellate court in Los Angeles has certified for publication an opinion finding no duty under a homeowner's policy to defend claims for defamation and intentional infliction of emotional distress. Stellar v. State Farm General Ins. Co., --- Cal. Rptr…
A San Francisco appellate court has confirmed that a pollution exclusion applies to claims for bodily injury and property damage caused by the release of foul and noxious odors. Cold Creek Compost Inc. v. State Farm Fire & Cas. Co.,…
By writ of mandate, the California Court of Appeal has directed a trial court to vacate an order that would have required an insurer to turn over hundreds of pages of potentially privileged documents. In an action for breach of…
In a recent case, the California Court of Appeal confirmed that in rare circumstances, a party can establish an exclusive easement over another's property, i.e., the right to use a portion of another's property to the exclusion of the actual…
Willfulness (allowing enhanced damages) requires clear and convincing evidence of "objective recklessness," i.e., that infringer acted despite objectively high likelihood of infringing a valid patent Advice of Counsel Defense does not waive attorney-client privilege with trial counsel Advice of Counsel…
Addressing the issue for the first time, the Oregon Court of Appeals has held that a personal representative may not bring a wrongful-death action on behalf of a decedent who, during life, had successfully sued the same defendant for personal…