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Key Decisions - February 2010
General Legal 

Key Decisions - February 2010 [pdf]

Welcome to the February 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 an online publication only. To join our mailing list, please send us an email at KeyDecisions@BergerKahn.com or click here.

In This Issue

Baker v. National Interstate Insurance Company: A “Products-Completed Operations Hazard” Exclusion Applies To Injuries Arising From Completed Work

Cellphone Termination Fee Cases: An Attorney Fee Award In A Class Action Could Be Determined By Way Of Arbitration

Chavez v. City of Los Angeles: The Trial Court Did Not Abuse Its Discretion In Rejecting A Prevailing Plaintiff’s Attorney Fee Request When That Request Was Grossly Inflated

Fire Insurance Exchange v. Superior Court: Building A Structure That Encroaches Onto Another’s Property Is Not An Accident

Lhotka v. Geographic Expeditions: An Arbitration Agreement Contained In A Contract For Recreational Activities Was Unconscionable And Unenforceable

Mansouri v. Superior Court: One Seeking To Compel Arbitration Must Establish It Demanded The Other Party To Do So And That The Other Party Refused

State Farm General Insurance Company v. JT’s Frames: Liability For Sending “Junk Faxes” Is Not Covered By Liability Insurance

Superior Dispatch, Inc. v. Insurance Company of New York: An Insurer Could Not Rely On A Contractual Limitations Provision It Had Not Called To The Insured’s Attention

Total Call International v. Peerless Insurance Company: The Insured’s Misrepresentations About Its Own Product Were Not Covered “Advertising Injury”


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