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Category Archives: Contracts

Witasick v. Minn. Mut. Life Ins.

(United States Third Circuit) – In an action against defendant insurance companies arising out of their cooperation with the federal government’s prosecution of plaintiff, a policy holder, on fraud related charges, the district court’s dismissal of plaintiff’s claims is affirmed where the claims were barred…

Myers v. State Board of Equalization

(California Court of Appeal) – In a taxpayer’s mandamus action to determine whether Blue Shield of California and Anthem Blue Cross are “insurers” under the California Constitution’s gross premium tax provision, Cal. Const., art. XIII sections 28(b)-(d), the trial court’s sustainment of defendants’ demurrer without…

In re September 11 Litigation

(United States Second Circuit) – In a case concerning the tremendous property damage cause by the terrorist attacks of September 11, 2001, brought by the lessees of 1, 2, 4, 5 and 7 World Trade Center against airline and security defendants, the district court’s judgment…

County of Los Angeles v. Financial Casualty & Surety, Inc.

(California Court of Appeal) – In a bail bond forfeiture case, the trial court’s order granting defendant’s motion to vacate the forfeiture of the bail bond is affirmed where writing the date of the hearing on the bond does not mean that defendant is “lawfully…

North Jersey Brain & Spine Center v. Aetna Inc.

(United States Third Circuit) – In an action for unpaid insurance benefits brought under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. section 1001 et seq., the district court’s dismissal for lack of standing under ERISA is reversed where a patient’s explicit…

21st Century Ins. v. Super. Ct

(California Court of Appeal) – In a petition for writ of mandate by an insurer involved in underlying litigation for personal injury and wrongful death, the trial court’s denial of petitioner’s motion for summary judgment is reversed and the petition is granted where plaintiff’s efforts…

Marquez v. Department of Health Care Services

(California Court of Appeal) – In a writ of mandate under Code of Civil Procedure section 1085 to required respondents’ compliance with their duties in administering certain aspects of the Medi-Cal program related to defendant’s database with codes that indicate whether a Medi-Cal beneficiary has…

Sequeira v. Lincoln National Life Ins. Co.

(California Court of Appeal) – In an action by an insured’s widow for benefits under a supplemental life insurance policy that was issued to decedent’s employer on January 1, 2010, the trial court’s ruling that plaintiff was not entitled to benefits because the policy required…

Edwards v. The First American Corp.

(United States Ninth Circuit) – In a putative class action filed against a title insurer, alleging that transactions between the insurer and captive title agencies violated the Real Estate Settlement Procedures Act’s (REPSA), 12 U.S.C. section 2607, anti-kickback provisions, the district court’s denial of plaintiff’s…

Fluor Corporation v. Super. Ct.

(Supreme Court of California) – In a case concerning an insured’s assignment of the right to invoke defense and indemnification coverage under a liability policy issued by real party in interest insurer, the Court of Appeals’ decision in favor of insurer is reversed where: 1)…

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