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Parisi & Havens LLP Phone: (818) 990-1299
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Published Opinions Fireman’s Fund Ins. Companies v. Younesi (1996) 48 Cal.App.4th 451. The Fireman’s Fund case addressed whether a party may compel arbitration of an attorney fee dispute pursuant to Civil Code section 2860 (often referred to as the Cumis statute) when there were allegation that one of the parties had committed fraud. Doheny West Homeowners’ Ass’n v. American Guarantee & Liability Ins. Co. (1997) 60 Cal.App.4th 400. The court in Doheny West held in part that collapse coverage provides coverage when collapse is imminent but has not yet taken place. Truck Insurance Exchange v. Superior Court (1998) 67 Cal.App.4th 142. While the lawsuit at issue was a complex insurance bad faith action between an homeowners association and Truck Insurance Exchange, the court of appeal opinion focused on one small procedural issue, the proper interpretation of Code of Civil Procedure section 170.6. The court of appeal held in part that a peremptory challenge to a sitting judge is exhausted not when the party files the challenge, but when the change in judge occurs. Basich v. Allstate Ins. Co. (2001) 87 Cal.App.4th 1112. The Basich court addressed the burden of proof where a claim for punitive damages existed. Kids’ Universe v. In2Labs (2002) 95 Cal.App.4th 870. The Kids’ Universe court addressed the burden on a party moving for summary judgment. Doheny Park Terrace Homeowners Ass’n, Inc. v. Truck Ins. Exchange (2005) 132 Cal.App.4th 1076. Our client suffered an insured loss in 1994 but did not hire our firm or file a lawsuit until 2002. The trial court found that the lawsuit was untimely, but the Court of Appeal agreed with us that the insurance carrier was equitably estopped from raising a limitations defense. The Court also held that an insurer can be prevented from asserting any time limit as a defense if the insurer did not provide required notification of the time limits during the claims process. |
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