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 | Jay A. ChristoffersonPartner
McCormick, Barstow, Sheppard, Wayte & Carruth LLP 5 River Park Place East Fresno, California
93720-1501 (Fresno Co.)
Mailing Address: P.O. Box 28912, Fresno, CA, 93729-8912
Telephone: (559) 433-1300 Fax: (559) 433-2300 http://www.mccormickbarstow.com
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| Practice Areas | Insurance Coverage; Bad Faith; Subrogation | | | Education | McGeorge School of Law, University of the Pacific, J.D., with distinction, 1999, University of Utah, M.S., 1995 | | | Admitted | 1999, California | |
| Memberships | State Bar of California; Fresno County Young Lawyers (Board Member, 2003-2005). | | | Biography | Author: "The Constitutionality of State Laws Banning Government Contracts With Burma: Upholding Federalism's Purpose," McGeorge Law Review; "Grand Jury Reform: Leveling the Playing Field," McGeorge Law Review and Migrant Farmworker Housing, McGeorge Law Review. Co-Author: "Coverage Alert: Schmitt v. NIC Insurance Co," California Association of Independent Insurance Adjusters, January 2008. | | | Reported Cases | GBTI, Inc. v. Insurance Company of the State of Pennsylvania, 2009 U.S. Dist. LEXIS 70368 (E.D. Cal. 2009) (granting dismissal of an inappropriately named party and striking from the complaint all allegations of punitive damages); New Hampshire Insurance Company v. Mendocino Forest Products, Co., LLC (N.D. Cal. 2007) 2007 U.S. Dist. LEXIS 76147 (negligence of an indemnitor is not required to establish the application of a general indemnity agreement); American International Specialty Lines Insurance Company v. KinderCare Learning Centers, Inc. (U.S. D. Or. 2008) 2008 U.S. Dist. LEXIS 48635 (finding an indemnity agreement conspicuous and applicable based on its incorporation into the final contract between the toy supplier and KinderCare); American International Specialty Lines Ins. Co. v. Continental Casualty Ins. Co. (2006) 142 Cal.App.4th 1342 (settling insurers did not have a claim for equitable contribution based on a failure to notify the objecting insurer of its potential liability for contribution prior to a settlement); F & H Construction v. ITT Hartford Ins. Co. (2004) 118 Cal.App.4th 364 (a contractor could not recover the cost of modifying inadequate steel pile caps as property damage was not established by the mere failure of a defective product to perform as intended); St. Paul Mercury Ins. Co. v. Frontier Pacific Ins. Co. (2003) 111 Cal.App.4th 1234 (although a lessee had been dismissed from an action arising from an underlying tort claim, an insurer's action for contribution from other carriers was remanded for determination of the lessee's liability as necessary to allocate the contributions between the insurers); Valley Air Conditioning & Repair, Inc. v. Beneficial Life Ins. Co., U.S. Dist. LEXIS 70111 (E.D. Cal. 2007) (successful 12b(6) motion to eliminate claims for breach of fiduciary duty, intentional interference with a protected property interest and violation of Insurance Code § 790.03); Utilities Cost Management v. Indian Wells Valley Water District (2001) 26 Cal.App.4th 1185 (the 120 day statute of limitations applied to an action by a public agency to recover amounts paid to a public utility for capital improvements barred plaintiff's action). | | | ISLN | 914486969 | |
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