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Category Archives: Insurance Coverage & Defense Litigation
On August 18, 2011, a decision came down from the California Supreme Court in Howell v. Hamilton Meats & Provisions, No. S179115. This decision set a limit on the defendant’s liability for special medical damages and the amounts recoverable by … Continue reading
The following link includes a survey of recent California cases on the duty to defend prepared by and posted with the permission of the Insurance Coverage Litigation & Counseling Practice Group at Meckler Bulger Tilson Marick & Pearson, LLP. The … Continue reading
Dismissal pursuant to Evidence Code 402 results in another successful outcome by attorney Donald Wilson on behalf of the defense as noted in the November 1, 2010 edition of Verdict Search.
Pssst! I have a “secret” for you… well, it’s not exactly a secret, but it is a winning device that is underutilized in California – the Evidence Code 402 motion.
It is not likely a “news flash” to most trial attorneys; but, I’ll restate it anyway… construction defect litigation is “complex litigation”. There are two reasons for that… the first is because of the numbers of parties typically involved, the … Continue reading
Auto vs. Auto Mechanism of Injury This is one in an occasional series dealing with important, but often overlooked, claims investigation issues which just could be vital to you and your defense counsel in their efforts to win a verdict … Continue reading
Subcontractors and insurance carriers often ask what can be done to prevent construction litigation. It is an unfortunate reality that no one can “prevent” a lawsuit, justified or unjustified. If a claimant is determined to make a claim or file … Continue reading
WHO IS THE WITNESS? WHO IS HE NOT? Find out what the witness knows but also what he doesn’t know. Qualifications of a witness are important but equally important are lack or limitation of qualifications.
In most cases the alleged role as wrongdoer is pretty clear, but the claimant should define it anyway. The insured's alleged role in many instances defines the legal capacity and therefore the legal exposure. For example, in a … Continue reading
