New CA Insurance Case
California Case Summaries™
Know the New Cases to Win Your Cases
Every year California courts publish over 500 new civil cases, and many of them significantly change California law. California civil attorneys need to know about these new cases!
The bad news - it's hard to keep up because of the number of new cases, the fact that many cases are 50-100 pages long, and because California courts also publish many new cases in the areas of criminal law, juvenile law and family now.
The good news - there's now a quick, easy way to always know the new civil cases in your practice areas: California Case Summaries™. I prepare one-paragraph summaries, that can be read in 2 minutes and are organized by legal topic, so California lawyers always know the new case law to work up their active cases better, get bigger settlements, and win more summary judgments and trials to make more money. For less than 1 billable hour per month, you will always know the new civil cases and get a competitive advantage over your opponents. To subscribe, click here.
Join Our Email List: To get my free summaries of every new civil case published by the California Supreme Court in 2022, click here.
Below is a free sample of one of my new civil case summaries.
Is a Workers Compensation Carrier Liable to a Liability Carrier for Equitable Contribution?
Can a liability carrier get equitable contribution from a worker's compensation and employer liability carrier? Last month, the Fourth Court of Appeal addressed this issue.
New CA Insurance Decision
California Capital Ins. Co. v. Employers Compensation Ins. Co. (2023) _ Cal.App.5th _ , 2023 WL 2579728: The Court of Appeal reversed the trial court’s judgment, following a bench trial, ordering defendant workers compensation and employer’s liability insurance company to pay plaintiff general liability insurer approximately one-half of the cost it incurred to defend and settle a lawsuit against their common insured. An equitable contribution claim only lies if the two insurers share the same level of liability on the same risk as to the same insured. The general liability insurer was not entitled to equitable contribution because it did not insure the same risk as the workers’ compensation and employers’ liability insurer. The two policies were mutually exclusive: the general liability policy covered bodily injury claims unless the claimant was an employee injured in the course and scope of his or her employment, whereas the workers’ compensation and employers’ liability policy covered bodily injury claims only if the claimant was an employee injured in the course and scope of his or her employment. Moreover, the workers’ compensation and employers’ liability policy did not potentially cover the underlying lawsuit, so that carrier had no duty to defend or indemnify its insured against the claims in question. (C.A. 4th, filed March 3, 2023, published March 20, 2023.)
Mediation, Arbitration & Referee Services
I help attorneys and their clients settle cases as a mediator, fairly decide cases as an arbitrator, and fairly decide issues as a referee at ADR Services, Inc. I handle cases in the areas of business, employment, insurance (bad faith, coverage, UIM) probate (trusts and estates), real property, and torts (elder abuse, medical malpractice, personal injury, product liability and wrongful death). A Zoom expert, I conduct Zoom and in-person hearings throughout California. To schedule a matter, please contact my case managers at ADR Services, Inc., Haward Cho, (213) 683-1600,
[email protected] or Rachael Boughan, (619) 233-1323, [email protected].
Stay safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Master Lawyer 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]