Article(s) published by this organization: 13
 | Health And Safety Code § 1527.3(A) Limits The Obligations Of The Foster Family Home And Small Family Home Insurance Fund ("The Fund") To Pay Claims Filed By Foster Children And Excludes Coverage For "Any" Criminal Acts Regardless Of Whether Or Not The Act Was Committed By A Foster Parent McCormick, Barstow, Sheppard, Wayte & Carruth LLP; October 16, 2009, previously published on October 8, 2009 Plaintiff was placed in a licensed foster home operated by Monique M. Monique M.'s 13-year old stepson sexually molested the plaintiff and was subsequently arrested. He admitted to committing lewd acts on a child under 14 years of age and Monique M.'s license was revoked. Plaintiff filed a claim... |
| Insurer Does Not Subject Itself To Either General Or Specific Jurisdiction In California By Merely Accepting Premium Payments From California Or Processing And Paying Claims Submitted By An Insured For Services Rendered In That State McCormick, Barstow, Sheppard, Wayte & Carruth LLP; October 16, 2009, previously published on September 28, 2009 While living in Florida, Esther Elkman purchased a long-term care insurance policy from National, a Missouri corporation. The policy was delivered in Florida. Elkman relocated to California and made a claim under the policy for home health care benefits. At the end of a two-year period, National... |
| Insurer's Failure to Meaningfully Negotiate in Mandatory Settlement Conference Is Not Basis for Sanctions McCormick, Barstow, Sheppard, Wayte & Carruth LLP; September 4, 2009, previously published on September 2, 2009 Although an insurer may be required to attend mandatory settlement conferences, there is currently no statute or Rule of Court that authorizes an award of sanctions where the insurer fails to negotiate in good faith. |
| Social Security Mismatch Update Anthony P. Raimondo; McCormick, Barstow, Sheppard, Wayte & Carruth LLP; September 4, 2009, previously published on August 21, 2009 On August 19, 2009, the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), published a proposed rule in the Federal Register to rescind the so called "safe harbor" regulation, that would allow ICE for the first time to use a mismatched name and Social... |
| Supreme Court Reverses Court Of Appeal: Assault And Battery Motivated by an Insured's Unreasonable Belief Regarding Need for Self-Defense Does Not Result in Injuries From an "Accidental" Act under Homeowner's Liability Policy McCormick, Barstow, Sheppard, Wayte & Carruth LLP; September 4, 2009, previously published on August 14, 2009 In Delgado, the California Supreme Court reversed the Second District Court of Appeal and held that under a homeowner's "occurrence"-based policy defining "occurrence" in relevant part as an "accident," the insurer had no duty to defend an insured alleged to have... |
| Courts Will Give Effect to a "Designated Persons Endorsement" Contained in an Auto Policy Which Provides That a Non-Relative Resident of the Named Insured's Household Is Afforded Uninsured Motorist Benefits Only While That Person Is Occupying or Operating McCormick, Barstow, Sheppard, Wayte & Carruth LLP; April 30, 2009, previously published on April 17, 2009 David Pearson and his fiancé, Susan Hyung, were struck by a car driven by an uninsured motorist as they were crossing an intersection at a cross walk. |
| Liability of Coaches for Athletes' Injuries Mark B. Busick; McCormick, Barstow, Sheppard, Wayte & Carruth LLP; March 11, 2009, previously published on February 10, 2009 In California, instructors, coaches and trainers are not liable to their participants for negligent instruction or coaching where the resulting injuries involve risks that are inherent to the sport. |
| Treading the Provisions of the Virginia Graeme Baker Pool and Spa Safety Act Daniel S. Cho, Kurt F. Vote; McCormick, Barstow, Sheppard, Wayte & Carruth LLP; March 11, 2009, previously published on February 4, 2009 In December 2007, Congress passed the Virginia Graeme Baker Pool and Spa Safety Act (the "Act") in response to the alarming increase in drowning-related deaths of children aged 1 to 14 in the United States. |
| Amendments to Civil Code § 2782 and Addition of §§ 2782.9, 2782.95 and 2782.96 Relating to Indemnity McCormick, Barstow, Sheppard, Wayte & Carruth LLP; January 30, 2009, previously published on January 7, 2009 The California Legislature has enacted legislation which amends Civil Code § 2782 and adds Civil Code §§ 2782.9, 2782.95 and 2782.96. |
| Determination of "Insured" Status Is Appropriately Made During Proceeding to Compel Arbitration McCormick, Barstow, Sheppard, Wayte & Carruth LLP; January 27, 2009, previously published on December 22, 2008 Bouton was injured in an automobile accident and settled his claim against the adverse driver for the adverse driver's $15,000 policy limits. |
