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March

Blog Posts in March, 2016

  • CONSENT TO ASSIGNMENT CLAUSES IN CALIFORNIA

    Fluor Corp. v. Superior Court (2015) 61 Cal.4 th 1175. There is a long standing tradition that parties should be free to contract for and against various types of risks. This has formed the backbone of the insurance industry for over a century. But what happens to existing insurance policies when a company with several core operations decides to split its operations into new individual entities? ...
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  • PITFALLS AND IMPORTANT CONSIDERATIONS OF POST CLAIM FILED RESCISSION

    Dubeck v. California Physicians’ Service (2015) 234 Cal.App.4 th 1254. Despite intentionally misrepresenting material facts in her insurance application, a California court denies an insurer’s attempt to rescind the policy holding that the insurer had an opportunity to investigate prior to making payments on the claim. Dubeck v. California Physicians’ Service discusses an insurer’s waiver of right ...
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