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Key Decisions - April 2010
General Legal 

Key Decisions - April 2010 [pdf]

Welcome to the April 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

Abdelhamid v. Fire Insurance Exchange: Policyholder’s Failure To Comply With Proof Of Loss And Examination Under Oath Requirements Preclude Fire Loss Claim

Amerigraphics, Inc. v. Mercury Casualty Company: Absence Of A Net Profit Does Not Preclude A Business Interruption Claim

Central Concrete Supply Company v. Brusak: The Trial Court Properly Allowed Leave To Amend Around Civil Code Section 1714.10

Coito v. Superior Court: A Witness Interview That Is Recorded Verbatim Is Not Necessarily Protected By The Work Product Doctrine

Dominiguez v. Financial Indemnity Company: An Insurance Policy Provision Reducing The Available Liability Limits For Permissive Users Was Enforceable

Freedman v. Brutzkus: An Attorney Who Only Approves A Document “As To Form and Content” Cannot Be Liable For Misrepresentations Contained In It

Gray v. Begley: An Insurer That Is Defending Its Insured Under A Reservation Of Rights May Intervene In The Action Against Its Insured

Intergulf Development v. Superior Court: Alleged Failure To Defend Dispute Is Not Subject To Mandatory Arbitration

Mendoza v. ADP Screening and Selection Services, Inc.: A Screening Service May Report Information It Finds On The Megan’s Law Website To Its Customers

Nazaretyan v. California Physicians’ Service: Factual Disputes Concerning Adequacy Of Health Service Plan’s Investigation And Applicants’ Alleged Misrepresentations Precluded Summary Judgment

Risely v. Interinsurance Exchange of the Automobile Club: An Insurer That Defends Its Insured Under One Policy But Not A Second One May Have Breached The Duty To Defend

Scottsdale Insurance Company v. Century Surety Company: Equitable Contribution Only Allows Insurer To Recover Amounts Paid In Excess Of Its “Fair Share”

Seltzer v. Barnes: An Attorney Who Negotiated A Settlement Of Claims Against His Client’s Insured Could Not Be Liable To The Insured For Having Done So


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