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Key Decisions - July 2010
General Legal 

Key Decisions - July 2010 [pdf]

Welcome to the July 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

Blankenship v. Allstate Insurance Company: A Minor’s Uninsured Motorist Claim Was Barred Because He Did Not Sue The Uninsured Driver Within Two Years Of His Injury

Espinosa v. Kirkwood: Proposition 213 Requires Felons To Assume The Risk Of Injuries Sustained During Commission Of A Crime Or The Attempt To Avoid Apprehension For The Crime

Formet v. The Lloyd Termite Control Company: A Pest Control Company Owed No Duty To A Third Party

G.R. v. Intelligator: Filing A Document, Even In Contravention Of Court Rules, Is Privileged And Cannot Be Used As The Basis Of A Cause Of Action

Hervey v. Mercury Casualty Company: An Insurer Was Entitled To Offset Medical Payment It Made To The Insured From Its Payment Of Uninsured Motorist Benefits

Kleffman v. Vonage Holdings Corporation: Advertisers May Send “Spam” From Multiple Domains So Long As Those Domains Actually Exist

Minkler v. Safeco Insurance Company of America: Separation Clause Trumps “Intentional Acts Of An Insured” Exclusion

Munn v. Briggs: There Is No Cause Of Action For Interference With An Inheritance Expectancy

Myrick v. Mastagni: An Ordinance Specifying Earthquake-Safe Date Protected Building Owner From Liability

Pennsylvania General Ins. Co. v. American Safety Indemnity Co.: A Special Definition of “Occurence” Did Not Require Wrongful Conduct To Happen During The Policy Period

Tverberg v. Filner Construction, Inc.: The Peculiar Risk Doctrine Does Not Apply To An Independent Contractor’s Employees Or Subcontractors

Whittemore v. Owens Healthcare - Retail Pharmacy, Inc.: The Doctrine Of Unclean Hands Did Not Apply To A Statutory Cause Of Action

Yanez v. SOMA Environmental Engineering, Inc.: A Plaintiff May Recover For Billed Medical Services Even If The Medical Provider Later


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