California Supreme Court News

California High Court Limits Building Permit Lawsuits

California property owners give up their right to pursue lawsuits challenging restrictions in building permits once they construct the project, the state’s high court said Thursday in a victory for California’s Coastal Commission, cities and counties. The court’s unanimous ruling …

California Insurance Commissioner’s Authority to Regulate Insurers’ Homeowners RC Estimates

On January 23, 2017, the California Supreme Court ruled that the insurance Commissioner of that state was given the power by the legislature to specify what factors must be covered by replacement cost estimate tools used by insurers in connection …

California High Court Upholds Regulation Requiring Accurate Insurer Home Replacement Estimates

The California Supreme Court on Monday upheld a state regulation that aims to give homeowners a more accurate insurance quote for replacing homes destroyed or damaged in wildfires. The state’s insurance commissioner had the power to issue the 2011 regulation, …

California High Court Rules That Workers Should Get Suitable Seating

Employers cannot deny a worker a place to sit just because they prefer the person stand, and they must consider the employee’s work station, not their overall duties, when determining whether to provide a seat, the California Supreme Court said …

California High Court Overrules Itself, Holds Policy Consent-To-Assignment Clauses Unenforceable Post-Loss

In an exhaustive and scholarly opinion filed August 20, 2015, authored by Chief Justice Tani Cantil-Sakauye, the California Supreme Court reversed itself and overruled its own 12-year-old decision because it did not consider the effect of a state statute dating …

California High Court Ruling: Silence Can Be Used Against Suspects

The California Supreme Court has ruled that the silence of suspects can be used against them. Wading into a legally tangled vehicular manslaughter case, a sharply divided high court on Thursday effectively reinstated the felony conviction of a man accused …

Adjuster May Be Personally Liable for Negligent Misrepresentation

A California appellate court recently held that a homeowner may sue an insurance adjuster individually for negligent misrepresentation. While agents and employees of insurance companies are not parties to the insurance contract and generally cannot be held personally liable for …

California High Court Rules Cover Charge Creates Potential Liability

California’s high court has ruled that hosts who charge admission to parties may be held legally responsible if a drunken underage guest is hurt or injures someone else. The state Supreme Court said in the unanimous ruling Monday that a …

Two Coverage Cases Wind Their Way Through the California Supreme Court

This year, it is likely that the California Supreme Court will issue decisions involving two interesting insurance coverage matters. One decision will address insureds’ ability to transfer their rights under liability policies after mergers, acquisitions and corporate restructurings; the other …

California High Court Decision Provides Additional Avenue for First Party Bad Faith Claims

A recent decision by the California Supreme Court allows plaintiffs in first party bad faith lawsuits to file a separate cause of action under the California Unfair Competition Law (UCL). At the same time, however, the decision provides for some …