Monthly Archives: February 2013

Equitable contribution and the increased burden of proof for non-participating insurers

In St. Paul Mercury Insurance Co. v. Mountain West Farm Bureau Mutual Insurance Co. (2012) 210 Cal.App.4th 645, a California Appellate Court reaffirmed that in equitable contribution actions, once the plaintiff establishes the “potential for coverage,” the defendant carries the … Continue reading

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Professional Misconduct As Unfair Business Practices

In the recent case of People v. Ex Rel. Herrera v. Stender (2012) —Cal.App.4th— heard in the California Court of Appeals for the first district, the issue arose of whether professional misconduct could give rise to liability for unfair business … Continue reading

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The Do’s and Don’ts of Representing Insurance Brokers and Agents

Insurance brokers and agents are at the center of a tripartite relationship and thus owe legal duties in two “directions” – to their client (the insured) and to the underwriter (the insurer.)  When the interests of the insured and insurer … Continue reading

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California Extends “Completed and Accepted” Defense Doctrine to Architects’ Inspection and Supervision Duties

In a recent opinion, the Court of Appeals for California’s Second District extended the “competed and accepted” defense to provide protection to architects and other design professionals with regard to their duties to inspect and supervise construction work.  The case, … Continue reading

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