McCormick, Barstow, Sheppard, Wayte & Carruth LLP Document Search Results (6)
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 | 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; Legal Alert/Article October 14, 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 He admitted to committing lewd acts on a child under 14 years of age and Monique M.'s license was revoked.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; Legal Alert/Article October 14, 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... |
| 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; Legal Alert/Article September 3, 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... |
| Social Security Mismatch Update Anthony P. Raimondo; McCormick, Barstow, Sheppard, Wayte & Carruth LLP; Legal Alert/Article September 2, 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... |
| Insurer's Failure to Meaningfully Negotiate in Mandatory Settlement Conference Is Not Basis for Sanctions McCormick, Barstow, Sheppard, Wayte & Carruth LLP; Legal Alert/Article September 2, 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. |
| 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; Legal Alert/Article April 29, 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. |
