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April 24, 2020
Insured’s Successors In Interest Must Comply With EUO Provision
Under a typical policy condition, an insurer may require an insured to sit for an examination under oath (EUO) about a property claim. The standard fire policy form in California allows an insurer to require an EUO (Insurance Code...
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September 10, 2018
Appraisal – A Unique Form of ADR
Under California Insurance Code sections 2070-2071, fire insurance policies must contain an appraisal provision that may be invoked to settle disputes over the value of losses. A form of contractual arbitration, appraisal only...
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June 11, 2018
Is Physical Invasion Required for Coverage? California Courts Disagree
Mr. Neighbor claims that Ms. Insured put up a gate on her own property that blocks Neighbor’s use of an easement to get to his lot. Does that allegation give rise to a duty to defend under the insured’s umbrella liability policy?...
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February 13, 2018
Court of Appeal Says EUOs Are A-OK
Pacific Law Partners recently had two appellate victories on matters regarding Examinations Under Oath (“EUOs”), in which the Second District Court of Appeal affirmed trial court rulings granting Motions for Summary Judgment. These...
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January 22, 2018
Construction Defect – One Question Clarified
Adjusters who handle residential construction defect liability claims in California are well acquainted with the pre-litigation procedures required by the Right to Repair Act. Until now, it was unresolved whether those procedures...
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October 22, 2017
Got Pot?
In California, a property claim for loss of marijuana involves a controlled substance that is allowed by state law for recreational use (under the recently-passed Proposition 64), but that remains banned by federal law. Is the property...
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October 02, 2017
Mediation: The Unfortunate Demise of the Joint Session
Mediation is a valuable tool to resolve cases in lieu of protracted litigation and trial. Years ago, almost all mediations began with a “joint session” – an introductory meeting attended by all participating parties and the mediator. In...
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September 20, 2017
The Professional Life of Bob the Pipeline Inspector
In July, the First District Court of Appeal published its opinion in Energy Insurance Mutual Ltd. v. Ace American Insurance Co. (2017) 14 Cal.App.5th 281 (EIM), which addressed the question: What does it mean to be a “professional”? Or,...
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