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- Court cases impacting businesses.(BUSINESS LAW)
- Workers can be fired for using marijuana prescribed by doctors. The California Supreme Court says that Proposition 215, the initiative permitting medical use of marijuana, is no protection from being let go for violating federal drug laws. Disability laws are also no defense for those who...
- Research articles 2008-01-30
- Employers awaiting a major wage and hours court decision.(BUSINESS LAW)
- Employers are awaiting a major wage and hours court decision that could revoke the exempt status of thousands of employees. The California Supreme Court has agreed to consider an appeal by insurers, who argue that claims adjusters are exempt from overtime because they do administrative tasks....
- Research articles 2007-12-26
- PREVIOUS KEY DECISIONS CITED IN STRINGFELLOW CASE.(News)(Brief article)
- State Farm Mutual Automobile Insurance Co. vs. Partridge, California Supreme Court, 1973: A homeowner's insurance policy must cover a loss that was caused in part by an insured event, because another contributing cause was covered. Aydin vs. First State Insurance Co., California Supreme Court,...
- Research articles 2007-01-29
- Taking the Last Step in Insurance Law's Most Significant Event: The End of First-Party Insurance Bad Faith in California
- I. INTRODUCTION An examination of the past twenty-five years in the field of insurance law presents a panoply of dramatic events that have had a significant impact on the insurance industry and make it difficult to select the single most significant development in the field. One tends to focus on...
- Research articles 2006-07-01
- RemedyTemp to Challenge State Appeal Court Decision in Workers' Compensation Case
- ALISO VIEJO, Calif. -- RemedyTemp, Inc. (Nasdaq:REMX), which operates as Remedy Intelligent StaffingR and RemXR Specialty Staffing, today said it will ask the California Supreme Court to review the ruling by a California Court of Appeal panel that the insurers that covered RemedyTemp's client firms, and not the California Insurance...
- Research articles 2004-10-21
- California Supreme Court refuses to give effect to automobile policy language restricting coverage for permissive users of vehicle; coverage-limiting language insufficiently "conspicuous, plain, and clear" to be enforced
- Haynes v. Farmers Insurance Exchange, 32 Cal. 4th 1198, 89 P. 3d 381 (California Supreme Court--May 17, 2004) Haynes involved an automobile policy that provided, in two separate portions of the policy, there was no coverage for claims made arising out of permissive use of the vehicle. Policyholder William...
- Research articles 2004-09-01
- California Supreme Court refuses to give literal effect to jewelers' block policy language limiting coverage
- E.M.M.I., Inc. v. Zurich American Ins. Co., 84 P. 3d 38, 9 Cal. Reptr. 3d 701 (California Supreme Court--February 23, 2004) Perhaps because of the high risk of moral hazard or outright fraud through "inside jobs" and because of the often suspicious-looking circumstances of jewelry losses (e.g., a courier...
- Research articles 2004-09-01
- Maryland Catholics Hear Birth Control Ruling Won't Apply.
- By Marguerite Higgins, The Washington Times Knight Ridder/Tribune Business News Mar. 3--Roman Catholic organizations in Maryland will not be forced to provide health insurance that covers contraceptives in the wake of a California Supreme Court ruling because Maryland law has broader ...
- Research articles 2004-03-03
- Absolute Pollution Exclusion: The Summer Blockbusters.
- Maniloff is Chair of the Insurance Coverage Group at Philadelphia-based Christie, Pabarue, Mortensen and Young, P.C., where he concentrates his practice in the representation of insurers in coverage disputes. Maniloff handles a wide variety of insurance coverage matters in both the litigation and non-litigation arenas, including environmental property damage,...
- Research articles 2003-10-06
- Policyholder may receive coverage despite lost liability policies so long as other proof is sufficient to demonstrate existence of insurance
- Dart Industries, Inc., v. Commercial Union Insurance Co., 52 P.3d 79 (California Supreme Court--August 19, 2002) Long-tail liability claims have driven a good deal of the development of insurance law during the past quarter-century. One recurring issue with such claims is the matter of proving entitlement to insurance. Recently,...
- Research articles 2003-03-01
- Insurer's duty to defend gets some definition and refinement. (California)
- Two 1995 California Supreme Court decisions helped provide some guidance as to the insurer's duty to defend in third-party and economic or business cases. The Montrose Chemical Corp v. Admiral Insurance Co decision held that all insurance policies in effect during the involved period were triggered and so loss and...
- Research articles 1996-04-01
- Quackenbush hails state Supreme Court ruling
- SAN FRANCISCO--BUSINESS WIRE--June 1, 1995--Insurance Commissioner Chuck Quackenbush Thursday issued the following statement in response to the decision of the California Supreme Court in Manufacturers Life Insurance Co. vs. Superior Court (No. S031022), which held that state antitrust laws apply to the insurance industry: -0-"I am pleased that the Supreme...
- Research articles 1995-06-01
- Farmers Ins. Group to fight $183M Prop. 103 refund order. (Farmers Insurance Group)
- Farmers Ins. Group said it will fight California Insurance Commissioner John Garamendi's order to pay $183 million in Proposition 103 refunds, claiming any rollback would be unconstitutional. Commissioner Garamendi, who leaves office Jan. 4, said Farmers "has made it clear that they are unwilling to...
- Research articles 1995-01-02
- National effect seen in 10 percent return ruling. (1988 California Proposition 103 case could hurt free enterprise)
- SEATTLE--The California Supreme Court's recent ruling imposing a 10 percent rate of return on insurers represents "possibly the greatest single perceptual change in the way America does business in 50 years," an industry leader said. Gordon Stewart, president of the New York-based Insurance ...
- Research articles 1994-10-03
- Court denies accident benefit for drug overdose. (California Supreme Court)
- A lower court ruling that ordered Federal Kemper Life Assurance Co to pay a death benefit on a policyholder who perished after a fatal overdose of cocaine was overturned by the California Supreme Court. The Supreme Court overturned the ruling on the basis that a voluntary act in which a...
- Research articles 1994-03-07
- Reinsurers hail decision on setoffs.
- Reinsurers are hailing as a victory for themselves and consumers a recent California Supreme Court decision allowing reinsurers to reduce what they owed failed Mission Ins. Co. by the amount Mission owed them. The Nov. 30 decision upheld a 1989 California Court of Appeal ...
- Research articles 1992-12-21
- EPLI may cover many wage/hour suits. (Policyholder Lawyers' Perspective).(employee practices liability insurance)
- During the last two years, a substantial number of wage/hour class action lawsuits have been filed by employees against their employers seeking to recover damages and other relief for the nonpayment of overtime wages. While some employers assume t During the last two...
- Research articles 2003-02-10
- Insurers dodge a bullet. (California Supreme Court ruling on Industrial Indemnity Co. advertising liability responsibility) (California & the Western States) (Editorial)
- "No one knows what evil lurks in the hearts of men, but it's all insured." This reported quote by the California Supreme Court's Chief Justice Malcolm Lucas aptly and concisely sums up the frightening tendency of courts to see insurance "No one...
- Research articles 1992-09-07
- CGL ruling saves insurers billions. (California Supreme Court decision on the suit against Industrial Indemnity Co. for commercial general liability coverage of advertising injury claims)
- The California Supreme Court has reversed a lower court decision which had insurers facing billions of dollars in claims for securities and bank fraud, antitrust activities and patent infringement. The high court ruled that the commercial general l The California Supreme Court has reversed...
- Research articles 1992-08-10
- Prop. 103 decision called industry boon.
- Prop. 103 Decision Called Industry Boon ANNANDALE, Va.--The California Supreme Court decision on Proposition 103 was a smashing victory for the insurance industry, an insurance industry scholar said recently. "The decision discredits simple-Prop. 103 Decision Called Industry Boon ...
- Research articles 1989-06-12
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