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Key Decisions - January 2010
General Legal 

Key Decisions - January 2010 [pdf]

Welcome to the January 2010 edition of the Key Decisions eNewsletter, Berger Kahn's monthly publication summarizing the most important California state and federal court decisions. Key Decisions is now an online publication only. To join our mailing list, please send us an email at KeyDecisions@BergerKahn.com or click here.

In This Issue

American States Insurance Company v. Progressive Casualty Insurance Company: The “Omnibus Clause” In An Insurance Policy Brought Parties Whose Liability Might Be Based On The Peculiar Risk Doctrine Within The Policy’s Coverage

City of Carlsbad v. Insurance Company of the State of Pennsylvania: A Subsidence Exclusion Barred Coverage For Damage Caused By A Negligently Repaired Water Line

Mahnke v. Superior Court: A Party-Selected Appraiser Was Not Subject To Disqualification

Massey v. Mercy Medical Center Redding: Expert Testimony Was Unnecessary To Establish Negligence When A Nurse’s Negligence Would Be Obvious To A Layperson

Tarrant Bell Property, LLC v. Superior Court: A Trial Court Has Discretion To Refuse To Enforce An Agreement Calling For Alternative Dispute Resolution

Walton v. Mueller: Once There Is A Final Judgment, Code Of Civil Procedure, Section 664.6 Does Not Authorize The Trial Court To Enter A Judgment Conforming To A Settlement

Washington Mutual Bank v. Jacoby: An Insurer That Overpaid A Lender On A Fire Loss Claim Was Entitled To Recover The Surplus Funds


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