California court finds insurer potentially liable for default judgment
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…
Court finds no duty to defend defamation claim
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.…
What’s all the stink about? No liability coverage for bad odors in California.
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.,…
California Court of Appeal upholds insurer’s attorney-client privilege
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…
An exclusive easement, how can that be?
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…
In Re: Seagate – Raising the bar for patent holders
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…
Oregon Court of Appeals limits wrongful death claims
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…
Supreme Court decides questions of first impression in FCRA class action cases
The United States Supreme Court issued an important ruling in Safeco Insurance Company of America v. Burr on Monday, June 4, 2007, which favorably interpreted the Fair Credit Reporting Act (FCRA's) notice requirements. Bullivant Houser Bailey PC represented State Farm,…
Delgado v. ACSC: Bad Faith and the Duty to Defend
n an opinion filed yesterday and certified for publication, the California Court of Appeal held that as a matter of law, an insurer committed bad faith by declining to defend a lawsuit over a bodily injury claim. Craig Reid attacked…