California Court of Appeal News

Viewpoint: Calif. Appellate Court Refuses to Expand Trigger for Independent Counsel

Under California Civil Code ยง2860, insureds have a right to obtain independent counsel at the insurer’s expense whenever there are competing interests that create an ethical conflict for the insurer-appointed counsel. Since enactment, the California courts defined the boundaries of …

Business Fears Never Ending Liability From ‘Take-Home’ COVID-19 Lawsuits

As COVID-19 cases surge in the United States, businesses say they fear a California court ruling has increased the likelihood that companies will be sued for infections, even by people who are not employees or customers. The Dec. 21 ruling …

California Court Rejects Motiva Insurance Claim Stemming From 2017 Refinery Fire

A California state appeals court on Monday denied Motiva Enterprises’ request for insurance coverage for a settlement with workers injured in a 2017 fire at its 607,000-barrel-per-day Port Arthur, Texas refinery. In a decision on Monday, a panel of the …

Calif. Court of Appeal Allows 2 Insurers To Pursue Fraud Suits Against Pain Doctor

A decision by a California appellate court last month allows both Allstate and State Farm to pursue lawsuits seeking penalties against an Orange County pain-management doctor who is accused of over-billing insurers. California’s Insurance Fraud Prevention Act allows insurers or …

California Court Clarifies Measure of Medical Damages Involving Uninsured Accident Victims

On June 22, 2015 the California Court of Appeal for the Fourth Appellate District carefully applied tort law doctrines regarding negligence, causation, and damages, and specifically explained for uninsured accident victims some of the rules governing the measure and evidence …