News - Page 5

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, […]

A SLAPP AGAINST FEES; Courts Are Moving Away from Mandatory Fee Awards for anti-SLAPP Motions

A SLAPP AGAINST FEES; Courts Are Moving Away from Mandatory Fee Awards for anti-SLAPP Motions

Who Is the Sole Survivor? A Corporate Successor’s Right to Insurance Coverage

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, […]

JUDICIAL OVERSIGHT OF CLASS ACTION SECURITIES FRAUD SETTLEMENTS

There is an old adage that only two things in life are certain: death and taxes. Some might say that another notion can be added to that list: federal judges will not determine that plaintiffs’ class counsel has agreed to settle a securities fraud case for less than its fair value. This LEGAL BACKGROUNDER explores […]