(Updated May 2018) California Supreme Court Cases (Insurance) Pending 2018.

California Supreme Court Cases (Insurance) Pending

updated May 2018

Updated May 2018. The California Supreme Court website indicates that the following cases, which have some relevance to insurance issues are currently pending before the court. See more information about California Supreme Court Cases (Insurance) Pending 2018.

California Supreme Court Cases (Insurance) Pending 2018

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Cases cited below in this updated post about California Supreme Court Cases (Insurance) Pending 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.

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Supreme Court of California – Main Courthouse in San Francisco.  Photo credit and source