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California Supreme Court affirms “all sums” allocation and policy limits stacking

USA - August 9 2012 At long last, the Supreme Court of California issued its opinion in State of California v. Continental Insurance Company.

Supreme Court of California hears arguments in State of California v. Continental Insurance Co.

USA - May 31 2012 After waiting over three years since granting review in State of California v. Continental Insurance Co. the Supreme Court of California heard oral arguments in the case yesterday morning.

Variations in an entity’s name will not bar a contractor’s suit

USA - April 4 2012 The California Court of Appeal recently issued another opinion on contractor licensing that has important implications to contractors and owners in California’s construction industry. 

B. Scott Douglass.

Lien away as it’s an absolutely protected right in California

USA - November 29 2011 The California Court of Appeal recently held that the recording of a lis pendens in connection with a mechanic’s lien foreclosure action is protected by the litigation privilege and cannot support a slander of title claim, even if the underlying lien claim lacked any evidentiary merit.

B. Scott Douglass.

Duty to defend is determined based on the facts, not the causes of action, alleged in the complaint

USA - October 21 2011 In Career Systems Development Corp. v. American Home Assurance Co., No. C 10-2679 BZ, 2011 U.S. Dist. LEXIS 103999 (N.D. Cal. Sept. 14, 2011), Magistrate Judge Zimmerman granted an insured summary judgment finding that the insurer had a duty to defend based on the facts pled in the underlying litigation.