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Craig E. Farmer has participated in the following opinions:
Schools & Joint Powers Matters
Wells v. One 2 One Learning Foundation (2006) 39 Cal 4th 1164
Charter Schools
and their operators are considered “persons” subject to suit
under California’s False Claims Act and California’s Unfair
Competition Law.
Hoff v. Vacaville Unified School District (1998) 19 Cal
4th 925
School district owes no duty to off campus pedestrian injured by
students driving from campus parking facility.
City of So. El Monte v. So. Cal. Jt. Powers Ins. Auth.
(1995) 38 Cal App 4th 1629
Absent consent of the parties, principles governing
insurance carriers and insurance law have no applicability to interpretation
of Joint Powers pooling agreements.
Claims Handling and Bad Faith
Century Surety Co. v. Polisso (2006) 139 Cal App
4th 922
Punitive damages award
is not excessive for liability insurers stalling of defense cost payments
and coverage litigation scare tactics used against policy holder defended
through “CUMIS” counsel.
Progressive West v. Superior Court (2005)
135 Cal App 4th 263
No cause of action for breach of contract or bad faith
exists for insurers seeking reimbursement of medical payments made to policy
holder who has made recovery for injury by third party; case remains pending.
Marie Y. v. General Star Indem. Co. (2003) 110 Cal App
4th 928
Dentist’s
Professional Liability insurer breached duty to defend patient’s
molestation allegations although indemnification was barred by public
policy.
Environmental Coverage
Westfield Ins. Co. V. Pashayan (1995) U.S. App. LEXIS 415 (9 Cir 12/16/94)
Long-term underground tank leakage liability is not within “sudden
and accidental” exception to CGL pollution exclusion.
American States
Ins. Co. v. Sacramento Plating, 861 F Supp. 964 (E.D. Cal 1994)
Groundwater
pollution was not “sudden and accidental” as metal plating
operational spillage was intended and expected by insured.
Wrongful Termination
St. Paul Fire & Marine Ins. Co. v. Superior
Court (1994) 161 Cal App 3rd 1199
Employers intentional termination is not “accidental event” within
scope of insuring agreement for general liability insurance and insurer
has no duty to defend.
Elder Care Coverage
Horizon West, Inc. v. St. Paul Fire & Marine Ins.
Co., 214F Supp 2nd 1074 (E.D. Cal 2001)
Professional liability services policy does not cover allegations
of violation of Federal False Claims Act.
Advertising Injury Coverage
Standard Fire Ins. Co. v. Aetna Casualty & Surety
Co., 985 F. 2nd 446 (9th Cir 1993)
Unfair competition under advertising injury coverage does not include
liability for violation of California Business and Professions Code Section 17200
etc.
Owens-Brockway Glass Container v. International
Ins. Co., 884 F. Supp 363 (E.D. Cal 1995)
General liability policies
advertising injury coverage does not cover corporation’s multi-million
dollar settlement of patent infringement liability exposure.
Nichols v. Great American Insurance Companies (1985)
169 Cal App 3rd 766
No personal injury and advertising injury liability
coverage exists for sale of devices to pirate paid TV signals.
Automobile and Homeowners
Insurance
United Pacific v. Hall (1988)
199 Cal App 3rd 551
No duty to defend juvenile proceedings
arising from school fire set by minor insured under homeowners policy.
Bohannon
v. Aetna Casualty & Surety Co. (1985) 166 Cal App 3rd 1172
Permissive driver
is not covered for accident while using the vehicle deleted from the
registered owner’s policy.
California State Automobile Association Inter-Insurance
Bureau v. Bourne (1984) 162 Cal App 3rd 89
Exclusion for claims of bodily
injury to policy holder/driver’s family members barred coverage per
policy holder/driver’s
liability arising from the claim of her injured child passenger on equitable
cross-complaint of adverse driver.
California State Automobile Association Inter-Insurance
Bureau v. Gong (1984) 162 Cal App 3rd 518
Insurance code restrictions on
authorized exclusion of permissive user coverage applies only to covered
vehicles owned or legally controlled by named insured.
Miscellaneous
Aetna Casualty & Surety Ins. Co. v. Humboldt Loaders,
Inc. (1998) 202 Cal App 3rd 921
Plaintiff has absolute right to dismiss in case presenting no affirmative
relief by cross-complaint.
Lewis v. Superior Court (1978) 77 Ca App 3rd 844
Client-Plaintiff is tenant in common to ex-husband’s military retirement
pay asset when not divided in prior dissolution proceedings.
Fireman’s Fund Ins. Co. v.
Superior Court (1977) 75 Cal App 3rd 627
Aircraft liability insurers have not
duty to investigate pilot qualifications of insurance applicants.
Blane A. Smith
has participated in the following opinions:
EAST QUINCY SERVICES DISTRICT V.
CONTINENTAL INSURANCE COMPANY 864 F Supp 976 (United States District
Court for the Eastern District of California, 1994)
Foundational published opinion concerning environmental insurance coverage
under standard general liability policy for claims of infiltration of
contaminants into public agency’s groundwater.
CALIFORNIA CASUALTY INDEMNITY
EXCHANGE V. FRERICHS 74 Cal App 4th 1446, (3rd District Court of Appeals,
1999)
This published opinion resolved issues concerning an adult child’s
asserted status as a resident “insured” under a homeowners
policy, the proper rules of construction that apply to the expectation
of persons other than name insureds and the distinction between judge
issues in insurance coverage disputes.
David R. Lane has participated
in the following opinions:
Advance Micro Devices, Inc.
v. Great American Surplus Lines Ins. Co., et al. (1988) 199 Cal.App.3d
791
The insured’s actual knowledge, prior to the inception of coverage,
of contamination at the insured premises precluded coverage under environmental
impairment liability policy.
Owens-Brockway Glass Container,
Inc. v. International Ins. Co., 884 F.Supp. 363 (E.D. Cal. 1995)
Advertising injury coverage under general liability policies does not
cover corporation’s multi-million dollar settlement of patent
infringement liability exposure.
Tsakopoulos v. American Manufacturers
Mutual Ins. Co., et al., 2000, U.S. Dist. LEXIS 18569 (E.D. Cal.
2000)
Pollution exclusion in liability policies did not necessarily preclude coverage
for EPA claims for violation of Clean Water Act;
Community Assisting Recovery,
Inc. v. Aegis Security Ins. Co., et al. (2001) 92 Cal.App.4th 886
Claim of industry-wide failure of insurers “to follow the law” in
the valuation of property losses did not state an “unlawful business
practice” under the California Unfair Competition Law, Bus. & Prof.
Code section 17200, et seq.
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