(Updated May 2018) California Supreme Court Cases (Insurance) Pending 2018.
California Supreme Court Cases (Insurance) Pending
updated May 2018
California Supreme Court Cases (Insurance) Pending 2018
Heimlich v. Shivji, S243029
Heimlich v. Shivji, S243029. (H042641; 12 Cal.App.5th 152; Santa Clara County Superior Court; CV231939.) Petition for review after the Court of Appeal reversed an order denying a motion for costs. This case presents the following issue: When a party to an arbitration proceeding makes an offer of compromise pursuant to Code of Civil Procedure section 998 and obtains a result in the arbitration more favorable to it than that offer, how, when, and from whom does that party request costs as provided under section 998? Status: Case is fully briefed
STATUS
Fully Briefed
Liberty Surplus Ins. Corp. v. Ledesma & Meyers Construction Co., Inc., S236765
Liberty Surplus Ins. Corp. v. Ledesma & Meyers Construction Co., Inc., S236765. (9th Cir. No. 14-56120; __ F.3d __, 2016 WL 4434589; Central District of California; No. 2:12-cv-00900-RGK-SP.) Request under California Rules of Court, rule 8.548, that this court decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The question presented is: “Whether there is an ‘occurrence’ under an employer’s commercial general liability policy when an injured third party brings claims against the employer for the negligent hiring, retention, and supervision of the employee who intentionally injured the third party.” Status: ARGUED and SUBMITTED FOR DECISION
STATUS
ARGUED and SUBMITTED FOR DECISION
Lopez v. Sony Electronics, Inc., S235357
Lopez v. Sony Electronics, Inc., S235357. (B256792; 247 Cal.App.4th 444; Los Angeles County Superior Court; BC476544.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents the following issue: Does the six-year limitations period in Code of Civil Procedure section 340.4, which governs actions based on birth and pre-birth injuries and is not subject to tolling for minority, or the two-year limitations period in Code of Civil Procedure section 340.8, which applies to actions for injury based upon exposure to a toxic substance and is subject to tolling for minority, govern an action alleging pre-birth injuries due to exposure to a toxic substance. Status: fully briefed. The case does not directly involve insurance coverage issues, but may have impact on underwriting decisions. SUBMITTED FOR DECISION.
STATUS
Fully Briefed
SUBMITTED FOR DECISION
Kim v. Toyota Motor Corp., S232754
Kim v. Toyota Motor Corp., S232754. (B247672; 243 Cal.App.4th 1366, mod. 244 Cal.App.4th 643b; Los Angeles County Superior Court; VC059206.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case includes the following issue: Is evidence of industry custom and practice admissible in a strict products liability action? Status: Case fully briefed; pending schedule of oral argument
STATUS
Case fully briefed; pending schedule of oral argument
Montrose Chemical Corp. v. Superior Court, S244737
Montrose Chemical Corp. v. Superior Court, S244737. (B272387; 14 Cal.App.5th 1306; Los Angeles County Superior Court; BC005158.)Petition for review after the Court of Appeal granted in part and denied in part a petition for peremptory writ of mandate. This case presents the following issue: When continuous property damage occurs during several periods for which an insured purchased multiple layers of excess insurance, does the rule of “horizontal exhaustion” require the insured to exhaust excess insurance at lower levels for all periods before obtaining coverage from higher level excess insurance in any period? Status: Case accepted for review in October, 2017; Opening Brief filed; Answering Brief is due.
STATUS
Opening Brief filed; Answering Brief is due
Recent California Supreme Court Decisions
Refer to Decided Cases
Heckart v. A-1 Self Storage, Inc., S232322.
McMillin Albany LLC v. Superior Court, S229762.
STATUS
Decided 2018
Previous Articles and Updates on California Supreme Court Pending and Decided Cases
On TheAndersonEdge.com website you can find information on previous California Supreme Court pending cases as well as recent decided cases.
California Supreme Court Cases
This post California Supreme Court Cases (Insurance) Pending 2018 will be updated periodically as cases are decided which you can review on the upcoming Decided Cases page on our site. To learn more about The AndersonEdge insurance expert witness services and consulting services we provide please view our areas of expertise on this site or contact us.
Supreme Court of California – Main Courthouse in San Francisco. Photo credit and source