In general Cross-examination is described by Professor Wigmore (5 Wigmore, Evidence (3rd Ed. 1940) § 1367, page 29) as “the greatest legal engine ever invented for the discovery of truth”. [People v. Reynolds (1984) 152 Cal. App. 3d 42, 46] Cross-examination has two purposes. Its chief purpose is to test the credibility, knowledge and recollection of […]

In general An insurer after a judgment-creditor obtains judgment against the insured may deny coverage. Pending an action on a judgment against the insurer, the judgment-creditor may seek to pursue a remedy of pursuing the insured’s assets. A judgment-creditor may apply for a court order requiring the judgment-debtor to appear

In general A third party claimant is an individual who is injured by the alleged tort of the insured. [Coleman v. Republic Indem. (2005) 132 Cal. App. 4th 403, 409] The injury to the third party claimant may also occur from a breach of contract. [Davidson v. Welch (1969) 270 Cal.

In general The CC&R’s (code, covenants, restrictions) will often require the Association to obtain and maintain a master or blanket policy of all risk property insurance. The policy is to name as insureds: the association, the owners, and all mortgages of record, as their interests may appeal. See Western Heritage Insurance v.

In general There are disputes which involve multi-layered complex insurance-coverage. Liability insurance is often purchased in “towers” (e.g. $1,000,000 primary, $5,000,000 first-level excess, $10,000,000 second-level excess, $20,000,000 third-level excess, and so on). These arrangements benefit both the insurance company (allocating the risk) and the insured (reducing premium costs). [Deere v.

2020 EDITION, CALIFORNIA INSURANCE LAW DICTIONARY AND DESK REFERENCE The 2020 Edition is the 26th Edition of the DICTIONARY, originally published in 1994. From 1994 the DICTIONARY has grown from a one-volume text of 400 pages to three volumes and over 6500 pages. Before this 2020 Edition the 3-volume text had 2008 separate subject matters. […]

An insurer is often accused in coverage litigation of retaining an expert for “bad faith” reasons. A claimant refers to such a retention as a retention to “rubber stamp the insurer’s decision not to pay benefits”. [Fadeeff v. State Farm (2020) 50 Cal. App. 5th 94, 23 Cal. Rptr. 3d 453,

Fortuitous act – are construction and design defects fortuitous? For an act or event to be covered under an insurance policy, it must be a “fortuitous” act. An act is fortuitous if it is contingent i.e. unknown to the parties at the inception of the loss. [Chadwick v. FIE (1993) 17

This is the 27th Edition of the DICTIONARY, originally published in 1994. From 1994 the DICTIONARY has grown from a one-volume text of 400 pages to three volumes and over 6600 pages. Before this 2021 Edition the 3-volume text had 2008 separate subject matters. Within these separate subject matters the