California Supreme Court Cases Decided 2018 Involving Insurance

California Supreme Court Cases Decided 2018 Involving Insurance

 

Find Insurance-related California Supreme Court Cases Decided 2018

California Supreme Court Cases Involving Insurance – The Supreme Court of California website indicates that the following California Supreme Court Cases involving insurance, were decided by the court recently.

California Supreme Court Cases Decided 2018 Involving Insurance

Heckart v. A-1 Self Storage, Inc., S232322

Heckart v. A-1 Self Storage, Inc., S232322.  (D066831; 243 Cal.App.4th 525; San Diego County Superior Court; 37-2013-00042315-CU-BT-CTL.)  Petition for review after the Court of Appeal affirmed the judgment in a civil action.  This case presents the following issue:  Was a self-storage facility’s storage rental agreement, which included provisions arguably meeting the definition of “insurance” (see Ins. Code, §§ 22, 1758.75), subject to regulation under the Insurance Code when the principal purpose of the agreement between the parties was the rental of storage space rather than the shifting and distribution of risk?

Status:  Decided April 23, 2018;  Held:  Lower court decision affirmed;  Rental agreement was not subject to insurance regulations

McMillin Albany LLC v. Superior Court, S229762

McMillin Albany LLC v. Superior Court, S229762.  (F069370; 239 Cal.App.4th 1132; Kern County Superior Court; CV279141DRL.)  Petition for review after the Court of Appeal granted a petition for peremptory writ of mandate.  This case presents the following issue:  Does the Right to Repair Act (Civ. Code, § 895 et seq.) preclude a homeowner from bringing common law causes of action for defective pending decision conditions that resulted in physical damage to the home?

Status:  OPINION ISSUED on 1/18/18;  Held:  “Based on an examination of the text and legislative history of the Act, we conclude the Legislature intended the broader displacement.  Although the Legislature preserved common law claims for personal injury, it made the Act the virtually exclusive remedy not just for economic loss but also for property damage arising from construction defects.  The present suit for property damage is therefore subject to the Act’s prelitigation procedures, and the Court of Appeal was correct to order a stay until those procedures have been followed.”

We hope you found the post on California Supreme Court Cases Involving Insurance Decided in 2018 helpful. Also, see our article on insurance-related 2018 Pending California Supreme Court cases. To learn more about The AndersonEdge consulting and insurance expert witness services we provide please view our areas of expertise or contact us.

 

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