Key Decisions

Key Decisions – Spring 2019 – Newsletter

Learn more about “Arbitration Agreements May Apply Retroactively To Lawsuits Already Initiated” in our Key Decisions and read more on other top rulings.

Key Decisions – Winter 2019 – Newsletter

We investigate when there is “No Potential for Coverage When ‘Accident’ Arises from Deliberate Efforts” and other top rulings in Key Decisions.

Key Decisions – Fall 2018 – Newsletter

There are many factors to consider in a workers’ comp claim. In “Appearing as Survivor…” and other top rulings in Key Decisions we take a closer look at these and other important considerations.

Key Decisions – Summer 2018 – Newsletter

Learn more about “Beware: Prejudicial Closing Arguments in Bad Faith Cases” and other top rulings in Key Decisions .

Key Decisions – Winter 2018 – Newsletter

We investigate when there is “No Potential for Coverage When ‘Accident’ Arises from Deliberate Efforts” and other top rulings in Key Decisions.

Key Decisions – Fall 2017 – Newsletter

Dive into an “Insurer Responsible for Prejudgment Interest in Environmental Ruling” and other top rulings in Key Decisions.

Key Decisions – Summer 2017 – Newsletter

We examine an “Employee’s Personal Automobile Insurance Policy Does Not Cover “Non-Owned” Employer-Supplied Van” and other top appellate rulings in Key Decisions.

Key Decisions – November 2016 – Newsletter

Key Decisions discusses what it means when the “Lack Of Excess Judgment Does Not Bar Excess Insurer’s Equitable Subrogation Claim” and other top appellate rulings in Key Decisions.

Key Decisions – August 2016 – Newsletter

This quarter, we review if “Brandt Fees Help Justify The Punitive Damages Ratio Even If Assessed Post-Verdict” and other top appellate court decisions in our Key Decisions.

Key Decisions – May 2016 – Newsletter

Our new quarterly format of our long-running newsletter explores “Court Uses Public Policy To Invalidate Part Of An Insurance Policy’s Basic Insuring Clause” and other top rulings in Key Decisions.

Key Decisions – February 2016 – Newsletter

We examine what it means when the “Court Finds Carrier Has Duty To Defend Complaint Alleging Bodily Injuries Even Though Plaintiffs State They Will Not Seek Damages For Those Injuries” and other top appellate rulings in Key Decisions.

Key Decisions – January 2016 – Newsletter

We examine when the “Primary Assumption Of The Risk Doctrine Bars Haunted House Patron’s Personal Injury Claim” and other top court rulings of the month. Read more in Key Decisions.

Key Decisions – November 2015 – Newsletter

This month, we look at what happens when “A Court Deems A Basic Insuring Agreement An Invalid ‘Escape’ Clause” and other top appellate rulings. Read more in Key Decisions.

Key Decisions – October 2015 – Newsletter

We review if “An Insured’s Stipulated Judgment Was Not Binding On The Insurer” and other top court decisions. Read all about it in Key Decisions.

Key Decisions – September 2015 – Newsletter

This month we discuss “Possible Conversion May Extend Legal Malpractice Statute Of Limitations” and other top court rulings. Read this and more in our Key Decisions.

Key Decisions – August 2015 – Newsletter

In this issue we explore “Failure To Perform Preventative Maintenance Raises A Triable Issue Of Fact For Gross Negligence Claim” and other top appellate rulings of the month. Read more in our Key Decisions Newsletter.

Key Decisions – July 2015 – Newsletter

In this issue we will examine if “Appraisal Scope Is Not As Limited As Sharma And Kacha Might Have Suggested” and other important rulings of the month. Read more in our Key Decisions newsletter.

Key Decisions – June 2015 – Newsletter

Key Decisions will explore “Intentional Tree Trimming Excluded From Coverage” and other important rulings of the month in Key Decisions.

Key Decisions – May 2015 – Newsletter

We examine if a lay person’s definition of malice should be used and more top appellate rulings in Key Decisions.

Key Decisions – April 2015 – Newsletter

A “Failure To Prevent Sexual Harassment Claim Requires A Viable Harassment Claim” and other top court decisions are explored and discussed in this month’s Key Decisions.

Key Decisions – March 2015 – Newsletter

This month, we examine if “Disclosing Plaintiff’s Immigration Status To The Jury Was Reversible Error” and other top court decisions of the month in Key Decisions.

Key Decisions – February 2015 – Newsletter

We explore if “Denying An Insurer’s Summary Judgment Motion Does Not Establish A Duty To Defend” and other top appellate court rulings of the month in Key Decisions.

Key Decisions – January 2015 – Newsletter

This month, we explore if an “Employee’s Violent History Was A Valid Nondiscriminatory Reason For Termination” in Key Decisions, the Berger Kahn publication reviewing the top appellate court opinions of the month.

Key Decisions – December 2014 – Newsletter

Find out if an “Alcohol Maker Is Not immune To Civil Liability” in Key Decisions, the Berger Kahn online publication reviewing the top court decisions of the month.

Key Decisions – November 2014 – Newsletter

Learn more about when there may be “No Insurance Benefits Owed To Lender After Full Credit Bid” in Key Decisions, the Berger Kahn online publication that examines the leading appellate court decisions of the month.

Key Decisions – October 2014 – Newsletter

Can there be an “Unofficial Policy Requiring Unpaid Overtime Work?” Learn more in our Key Decisions, examining all the top court rulings of the month.

Key Decisions – September 2014 – Newsletter

Do “In-Home Alzheimer Caregivers Assume Risk of Injury?” Learn more in our Key Decisions newsletter, when we examine all the top court rulings of the month.

Key Decisions – August 2014 – Newsletter

In this month’s Key Decisions, we explore if “A Class Is Properly Certified When The ‘Right’ To Control The Worker Is Retained.” Find out the answer in Key Decisions, as we review this, and other top appellate court rulings.

Key Decisions – July 2014 – Newsletter (Part 2)

Is “The Need To Remove Concrete To Replace Inadequate Tie Hooks… ‘Property Damage?'” Find out the answer in our Key Decisions, as we examine the top appellate court rulings of the month.

Key Decisions – July 2014 – Newsletter (Part 1)

This month, in our Key Decisions, we discuss topics including “‘Lemon Law’ – Jury Instructions,” “Insurance ‘Bad Faith’ – Uninsured Motorist” and other top appellate court rulings.

Key Decisions – June 2014 – Newsletter

May “Proper Statistical Sampling Be Used To Prove Liability?” Learn more as Key Decisions examines this topic and many other top decisions of this month.

Key Decisions – May 2014 – Newsletter

We explore if an “Adjuster Can Be Sued for Negligent Misrepresentation” in Key Decisions along with many other recent top appellate decisions.

Key Decisions – April 2014 – Newsletter

Read the most important appellate court decisions of the month in Key Decisions to find out if “An Insurance Broker Must Exercise A Duty Of Reasonable Care.”

Key Decisions – March 2014 – Newsletter

This Key Decisions examines if “Attorney’s Fees Were Properly Awarded In Meritless FEHA Action” and other top court decisions of the month.

Key Decisions – February 2014 – Newsletter

In Key Decisions we explore the most important appellate court decisions of the month, including “A Food Truck Was Mobile Equipment And Not An Auto.”

Key Decisions – January 2014 – Newsletter

Is “After-Acquired Evidence Admissible In A Discrimination Case?” Key Decisions examines this and other top appellate court decisions of the month.

Key Decisions – December 2013 – Newsletter

For this Key Decisions we ask if “A Person Must Qualify As An Insured To Get Uninsured Motorist Coverage” and other top appellate court decisions.

Key Decisions – November 2013 – Newsletter

In this Key Decisions we look at “Opportunity to Settle a Requirement For Excess Verdict” and other top published court decisions of the month.

Key Decisions – October 2013 – Newsletter

Our Key Decisions examines the top appellate court decisions of the month including, “Statements Posted on the Internet Were Defamatory” and many other important published cases.

Key Decisions – September 2013 – Newsletter

Read the top appellate court decisions in Key Decisions where we review “If a 10 to 1 Punitive Damages Ratio is Constitutional” and many other important topics arising out of the published cases for this month.

Key Decisions – August 2013 – Newsletter

Key Decisions examines if insurers can be sued for unfair competition under business & professions code section 17200, and many of the additional top appellate court decisions of the month.

Key Decisions – July 2013 – Newsletter

In Key Decisions we explore whether a hospital must prove services were reasonable and necessary and other top appellate court decisions.

Key Decisions – June 2013 – Newsletter

Does a fire sprinkler’s absence preclude coverage? Find out as we review the top appellate court decisions of the month.

Key Decisions – May 2013 – Newsletter

Is a slow water leak covered? Do primary policy limits stack? This month, we explore some of the top appellate court decisions.

Key Decisions – April 2013 – Newsletter

This month, we explore whether a competitor can sue for unfair competition. See what the appellate court ruled in Key Decisions,

Key Decisions – March 2013 – Newsletter

Was a tortfeasor’s policy primary? In March, we explore this, and many of the most important court rulings in Key Decisions.

Key Decisions – February 2013 – Newsletter

Does a law or ordinance exclusion bar coverage? Find out as we explore this question and many other appellate court rulings.

Key Decisions – January 2013 – Newsletter

Must a corporate suspension defense be pled? This month, we explore this, and other top appellate court rulings in Key Decisions.

Key Decisions – December 2012 – Newsletter

This month, we explore whether misrepresentations justify summary judgment in a bad faith suit. See what the appellate court ruled in Key Decisions.

Key Decisions – November 2012 – Newsletter

What happens when a co-insurer fails to defend? Can an insurer elect to repair rather than replace?  Find out more on this topic and others in Key Decisions.

Key Decisions – October 2012 – Newsletter

This month we explore insurance liabilities and the duty to defend.  Find out more on this topic and others in Key Decisions.

Key Decisions – September 2012 – Newsletter

What issues shape an action for loss of consortium?  Find out what variables the Supreme Court took into consideration when deciding the outcome for one workers’ compensation case in Key Decisions.

Key Decisions – August 2012- Newsletter

This month, we explore whether allegations that implicitly disparage a claimant’s goods create the potential for coverage. See what the appellate court ruled in Key Decisions.

Key Decisions – July 2012 – Newsletter

Do insureds have joint and several liability to an insurer who settles an uncovered claim? Find out in the Key Decisions as we explore this issue and other important decisions, articles, events, and more.

Key Decisions – June 2012 – Newsletter

Does the duty to defend exist when part of a lawsuit it potentially covered? Learn more about this issue and other important decisions in Key Decisions.

Key Decisions – May 2012 – Newsletter

Featuring up-to-date information on the Brinker case, as well as summarizing other important California state and federal court decisions, view Key Decisions.