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California Court of Appeal again finds no stacking of liability policy limits
- Barger & Wolen LLP
- -
- USA
- -
- April 14 2013
Nearly two years ago, the California Court of Appeal for the Second Appellate District issued a decision that upheld the concept of horizontal
California Supreme Court resolves coverage dispute over interplay between intentional acts exclusion and severability clause
- Barger & Wolen LLP
- -
- USA
- -
- June 24 2010
Scott Minkler sued David Schwartz and David's mother, Betty Schwartz, alleging that David, an adult, sexually molested Scott, who was then a minor
Imprecise policy language results in umbrella policy becoming primary for duty to defend purposes
- Barger & Wolen LLP
- -
- USA
- -
- June 25 2010
On June 11, 2010, the California Court of Appeal for the Second Appellate District reissued its decision (following rehearing) in Legacy Vulcan v. Superior Court (Transport Insurance Company), and held that an umbrella insurer became a “primary umbrella” insurer and was obligated to defend its insured since no scheduled underlying insurance applied, and the $100,000 self-insured retention under the umbrella policy was applicable only to the insurer’s indemnity obligation
California Supreme Court again confirms a penalty is not restitution under the UCL
- Barger & Wolen LLP
- -
- USA
- -
- November 21 2010
Recently, we reported on the California Supreme Court’s decision in Clark v. Superior Court (National Western Life Insurance Company), wherein the Court confirmed that the only monetary remedy available under the Unfair Competition Law, Business & Professions Code section 17200 (the “UCL”) is restitution, and that a claim for treble damages is not restitution, nor is the nature of restitution comparable to a penalty
Dismissal of class allegations at pleading stage disallowed - again
- Barger & Wolen LLP
- -
- USA
- -
- September 3 2010
Another California appellate decision has restricted the ability to challenge class action allegations at the pleading stage, reiterating that the determination of class suitability in most instances should be made at the time of a motion for class certification
Unfair Competition Law cases still occupy numerous spaces on the California Supreme Court's docket
- Barger & Wolen LLP
- -
- USA
- -
- February 4 2010
In November 2004, the voters of California passed Proposition 64, which was intended to rein in certain abuses in and bring some clarity to the Unfair Competition Law, California Business & Professions Code sections 17200 et. seq. (“the UCL”
California Court of Appeal opinions uphold class settlements over claims of objectors
- Barger & Wolen LLP
- -
- USA
- -
- July 11 2010
In a pair of decisions published this month by two separate Districts of the California Court of Appeal, the appellate panels upheld class action settlements and rejected numerous claims asserted by objectors
Commissioner Poizner criticized by Director of Office of Administrative Law over his filing of lawsuit concerning Iran "underground" regulations
- Barger & Wolen LLP
- -
- USA
- -
- November 11 2010
In response to news that, on November 9, 2010, California Insurance Commissioner Steve Poizner filed a lawsuit against the California Office of Administrative Law's (OAL) over the OAL's rejection of the Commissioner's rules relating to insurers' investments in companies that do business with Iran, OAL Director Susan Lapsley issued a press release later that same day indicating:"Our office is authorized by law to scrutinize rules that have been challenged as 'underground regulations' (regulations and rules that state agencies issue or use that have not been properly adopted pursuant to the Administrative Procedures Act."
California Supreme Court precludes pass-on defense in Clayton Act claim and finds standing under the UCL
- Barger & Wolen LLP
- -
- USA
- -
- July 12 2010
The Supreme Court of California today issued its decision in Clayworth v. Pfizer, Inc., addressing issues raised under California’s antitrust statute, The Clayton Act, and California’s Unfair Competition Law (“UCL”
Commissioner Poizner files suit against Office of Administrative Law
- Barger & Wolen LLP
- -
- Iran, USA
- -
- November 9 2010
On November 9, 2010, California Insurance Commissioner Steve Poizner issued a Press Release announcing that he is filing a lawsuit challenging the California Office of Administrative Law's (OAL) October 11, 2010, determination that the Commissioner's efforts to stop insurers from investing in Iran constituted "underground regulations."
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- Workarea - Litigation
- Author - Larry Golub
- Firm Name - Barger & Wolen LLP
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