Representative Matters

California Casualty Indemnity Exchange v. Frerichs, 74 Cal App 4th 1446, (3rd District Court of Appeals, 1999)

This published opinion resolved issues concerning an adult child’s asserted status as a resident “insured” under a homeowner’s policy, the proper rules of construction that apply to the expectation of persons other than named insureds and the distinction between judge issues in insurance coverage disputes.

Newland v. Progressive, 2006 WL 2536625 (United States District Court for Eastern District California, 2006)

Holds Consumer Legal Remedies Act inapplicable in bad faith suit arising out of denial of suspected fraudulent auto claim.

California Casualty Ins. Co. v. Quinney, 2009 WL 775096 (1st District Court of Appeals)

Dismissal at trial of bad faith suit in “Negligent Homicide” case affirmed.

Allstate Ins. Co. v. Chubb Group, 141 F3d 1173 (9th Circuit Court of Appeals, 1998)

Holds that acts of volunteer chief usher at gubernatorial inaugural ceremony did not qualify as covered “occurrence”.

Allied v. Dick Harris, Inc., 2013 WL 2145961 (United States District Court of Eastern District of California, 2013)

(Represented Insurance Broker) Case held insurance broker not liable for coverage of equestrian accident that did not “arise out of” excluded premises.

East Quincy Services District v. Continental Insurance Company 864 F Supp 976 (United States District Court for the Eastern District of California, 1994)

Foundational published opinion concerning environmental insurance coverage under standard general liability policy for claims of infiltration of contaminants into public agency’s groundwater.

Encompass Ins. Co. v. Bernhard, 2006 WL 2536625 (United States District Court for Eastern District of California, 2006)

Holds that policy unambiguously withholds UIM coverage from single vehicle accident.

Explorer v. Gonzalez, 164 Cal. App. 4th 1258 (3rd District Court of Appeals, 2008)

Holds that no underinsured motorist claim allowable where tortfeasors’ combined single limit of bodily injury and property coverage is not exceeded by UM/UIM limit.

Mills v AAA (2016) 3 Cal. App 5th 528.

First holding addressing concept of material increase of hazard under auto policy.

Nationwide Agribusiness Insurance v. George Perry & Sons (2018-ED Ca) 338 F. Supp 3d 1063

Defeated “care, custody and control” exclusion in case alleging loss of beehives.

Inscorp v Mora, (2005) 2005 U.S. Dist. LEXIS 55583

Alleged “experience sharing” between labor contractors for workers compensation.