New CA Insurance Case

 
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Let me help you! Since 2012, I've helped many California lawyers easily keep up with the new case law in their practice areas by publishing California Case Summaries™ with short summaries (one paragraph), organized by legal topic, of every new CA civil case published in monthly, quarterly and annual subscription editions. My publications are available to a limited number of subscribers, giving them a competitive advantage, and are periodically opened to new subscribers. Subscribers save time, win more, and make more money.
 
Join Our Email List: To get on our email list to find out when we'll next make new subscriptions available, and to get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021click here. 


 

Insurance

California Insurance Code section 533 prohibits insurance companies from providing indemnity for intentional acts. Last month, the First District Court of Appeal published a new case addressing whether an insured successor to a paint manufacturer that had promoted the use of lead paint was entitled to indemnity for a settlement payment of $101,666,666 made by the insured. A video discussing the case is above and my summary of the case is below.

New Insurance Decision  

Certain Underwriters at Lloyd's etc. v. Conagra Grocery etc. (2022) _ Cal.App.5th _ , 2022 WL 1164981: The Court of Appeal affirmed the trial court's order granting plaintiff insurance carriers' motion for summary judgment in a coverage action where plaintiffs alleged they were not obligated to indemnify defendant for its payment of $101,666,666 made to settle an underlying lawsuit where defendant was found liable for a public nuisance as the successor to paint manufacturer W.P. Fuller & Co. (Fuller) which had promoted the use of lead paint for interior and exterior use despite having known for nearly a century that such use of lead was hazardous to human beings. The trial court properly granted summary judgment in favor of plaintiffs, holding that Insurance Code section 533 precluded coverage as a matter of law because it precludes indemnification for liability arising from deliberate conduct that the insured expected or intended to cause damage because the courts in the underlying litigation clearly and repeatedly found that Fuller intentionally promoted lead paint with knowledge that damage to children was at least highly probable. (C.A. 1st, April 19, 2022.)

My California Case Summary™ Publications

California Case Summaries Monthly™:  short summaries (one paragraph), organized by legal topic, of every new civil case published California courts every month.  

California Case Summaries Quarterly™: short, organized summaries of every new civil case, published by California courts every quarter, with the official case citations. 

 
Annual Practice Area Case Summaries™: Every January, we publish Annual Practice Area case summaries for the areas of Employment, Real Property and Torts with short, organized summaries of every new civil case in each practice area (plus additional important legal topics), with the official case citations. 

California Case Summaries Annual™short, organized summaries of every new civil case published the year before, with the official case citations, published every January.  

Join Our Email List: To get on our email list to find out when we'll next make new subscriptions available, and to get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021, click here.


Mediation, Arbitration and Referee Services

I help attorneys and their clients as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, land use, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death via Zoom services throughout California and also in-person services. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. If you'd like to work with me, please contact my case manager at ADR services, Haward Cho, [email protected], (213) 683-1600.  


Lawyer Master Mentoring Services

Lawyers (whether new or experienced) can rapidly create their dream law practices with the help of a master mentor who can help them think deeply, focus on what is essential, avoid distractions, develop their skills, avoid mistakes, answer their questions, and continuously improve their organization and systems. I offer an online video course and individual sessions to provide this much needed master mentoring to attorneys. For my lawyer master mentoring services visit my website at https://montymcintyre-law.com, email me at [email protected], or call me at (619) 990-4312.


Stay safe and healthy.

Best regards,
Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Lawyer Master Mentoring™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected] 

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