2011 Archives

EMH Prevails in Impostor Insured Case

2011 | Category: Significant Cases
EMH attorneys David McDowell and Jason Richardson obtained summary judgment in favor of life insurer on all claims brought by a fictitious charitable organization for insurance proceeds on the life of a non-existent person.  The court found that the beneficiary of the policies utilized forged documents to misidentify an unclaimed body as that of the […]

California Court of Appeal Finds No Viable Cause of Action Against Insurer Due to Insurer’s Payment of Less Than the Full Amount Billed to Cumis Counsel

In Behnke v. State Farm Insurance Company (filed 5/ 31/11, certified for publication 6/29/11)____Cal.App.4th____; 11 C.D.O.S. 8127, the Fourth Appellate District of the California Court of Appeal held that a policyholder’s dis- pute relating to payment of Cumis counsel fees failed to state a cause of action against the insurer for fraud, breach of contract, […]