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A Defendant Cannot Compel Vocational Examinations of An Injured Plaintiff in California

April 6, 2017

Where a personal injury case involves permanent injury or loss of earning capacity, vocational rehabilitation experts are often retained by each side to opine about the Plaintiff’s ability to work and earn a living.  A recent California Court of Appeal decision, Haniff v. Sup. Ct. (Hohman) (2017) 214 Cal.Rptr.3d 844, holds that a defendant in …

Homeowners Insurance Coverage For Wrongful Death Under California Law

March 31, 2017

In a wrongful death action, the availability of insurance coverage under a homeowners policy is a critical but often complicated question.  Difficult coverage issues can arise where the death was the result of an intentional or criminal act, or the manner of death otherwise implicates a policy exclusion. Generally speaking, where a death results from …

Rescission Of Life Insurance After Death Under California Law

March 21, 2017

When a person whose life is insured under a life insurance policy dies, insurance company’s sometimes seek to deny the insurance claim by rescinding the policy based on misstatements in the insurance application. A denial based on rescission of a life insurance policy poses evidentiary challenges, as the rescission is usually based on alleged misstatements …

Release of Liability and Assumption of Risk For Recreational Activities In California

March 17, 2017

Often when a person signs up for a new recreational activity, he or she must agree to a waiver, release of liability, or some other contract that limits our rights vis-à-vis the other party.  If an accident occurs, a question often arises regarding the effect of these provisions.  In Anderson v. Fitness International, LLC, (2016) …

Vicarious Liability and the Coming and Going Rule

March 10, 2017

Under the doctrine of respondeat superior, employers are vicariously liable for wrongs committed by employees during the course and scope of their employment. However, under the “going and coming” rule, employers are not liable for employees acts while on their way to and from work.  Employees are said to be outside of the course and …