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News & Case Summary

News

Insurance Litigation Personal Injury

Insurance

[02/04] MGIC CEO Will Present at the Merrill Lynch Insurance Investor Conference
[02/04] Nationwide Tsunami Relief Donation Announced
[02/04] States May Cut Medicaid Dental Programs
[02/04] Bush Pitches Social Security Reform
[02/04] AAMPRO Group, Inc. Delisting From Unauthorized Foreign Stock Exchange

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Litigation

[02/04] Lawsuit Over Uterus Accusation Is Settled
[02/03] ACE Ltd. to Seek Dismissal of Conn. Suit
[02/03] Bush Plan to Limit Lawsuits Moving Fast
[02/01] Calif. Jury Awards $15.6M to Nestle Model
[01/31] Drug Litigation Costs Drag Wyeth to Loss

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Personal Injury

[02/04] Moms, Doctors Address Communication Gap
[02/04] Ky. Lawmakers OK Bill Addressing Obesity
[02/04] Lawsuit Over Uterus Accusation Is Settled
[02/04] Flight Data Reveals Little in N.J. Crash
[02/03] Group to Distribute Earplugs at Concerts

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Case Summaries

Insurance Law Professional Malpractice

Insurance Law

[02/03] CAMEL DEV. CO. v. RLI INS. CO.
In dispute over contribution to a personal injury settlement, defendant-insurance company is not obligated to contribute to the settlement on an equal basis since the insuring agreement in its policy made it excess to the coverage already provided by another insurance company.

[02/02] GRAPHIC ARTS MUT. INS. v. TIME TRAVEL INT'L
An insurance carrier held liable for workers' compensation benefits under Labor Code section 5500.5, seeking reimbursement from an unlawfully uninsured employer, may pursue an action in civil court.

[01/28] ISRAEL-CURLEY v. CALIFORNIA FAIR PLAN
Code of Civil Procedure section 340.9, which lifts the limitations bar on filing lawsuits against insurance carriers based on damages suffered in the Northridge earthquake, expressly excludes cases in which an insured settled a claim arising out of the earthquake while represented by an attorney admitted in California.

[01/27] AM. CAS. CO. OF READING, PA. v. GEN. STAR INDEM. CO.
Civil Code section 2782 does not limit the enforcement of an "additional insured" endorsement, provided to the indemnitee by the indemnitor's liability insurer, pursuant to the terms of an indemnity agreement.

[01/27] ESSEX INS. v. FIVE STAR DYE HOUSE
An insured may assign its right to recover, as damages, attorney fees incurred in obtaining the benefits of an insurance policy that were denied as a result of the insurer's bad faith.

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Professional Malpractice

[01/13] REIGELSPERGER v. SILLER
An arbitration agreement was part of an implied-in-fact agreement establishing a doctor-patient relationship for the patient's first treatment, and it applies only to that treatment since the implied-in-fact agreement did not establish an open book account.

[01/07] WINNICZEK v. NAGALBERG
Recovery of an overcharge from an attorney in a criminal proceeding is not barred by the actual-innocence rule.

[01/06] ROJAS-ITHIER v. SOCIEDAD ESPANOLA
In a third-party complaint alleging medical malpractice, plaintiff-hospital failed to produce appropriate expert evidence and failed to adduce support for its claim that defendant-doctor breached her standard of care.

[12/17] SEC v. LOVING SPIRIT FOUND.
In a receivership proceeding, denial of a motion to recuse the district judge is affirmed, and defendant's attorneys must show cause why sanctions should not be imposed since their motion to recuse was frivolous and contained false statements.

[12/13] MORGAN v. SAN JOAQUIN CMTY. HOSP.
The combining of a notice of appeal with a motion for reconsideration does not invalidate the document as a notice of appeal.

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