Berger Kahn's monthly e-publication 
The most important court decisions of the month
Welcome to Berger Kahn's monthly e-publication summarizing the most important California state and federal court decisions.

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An Insurer’s Reservation of Rights Pertaining to Independent Contractors Created a Conflict of Interest Under Civil Code Section 2860
Schaefer v. Elder
(217 Cal.App.4th 1), filed May 16, 2013

An Insurer Can't Seek Reimbursement From "Cumis" Counsel
J.R. Marketing, LLC v. Hartford Casualty Insurance Company
(216 Cal.App.4th 1444), filed May 17, 2013

A Hospital Must Prove Services Were Reasonable And Necessary
State Farm Mutual Automobile Insurance Company v. Huff
(216 Cal.App.4th 1463), filed June 11, 2013

Payment Was Available Under Med-Pay Coverage
Barnes v. Western Heritage Insurance Company
(217 Cal.App.4th 249), filed June 18, 2013

Expert Fees Were Recoverable Despite Multiple 998 Offers
Martinez v. Brownco Construction Company, Inc.
(56 Cal.4th 1014), filed June 10, 2013

Primary Assumption Of The Risk Applied
Cann v. Stefanec
(217 Cal.App.4th 462), filed June 24, 2013




Key Decisions on the web in full text


Government Officials Acting in an Official Capacity Are Immune from Suit

McAllister v. Los Angeles Unified School District
(216 Cal.App.4th 1198), filed June 3, 2013


Actual Notice, Even by E-mail, is Enough Notice to Terminate a Teacher

Grace v. Beaumont Unified School District
(216 Cal.App.4th 1325), filed June 4, 2013




State Law Was Not Preempted

Teva Pharmaceuticals USA, Inc. v. Superior Court
(217 Cal.App.4th 96), filed June 13, 2013


Asking For A ZIP Code Was Permissible

Flores v. Chevron, USA, Inc.
(217 Cal.App.4th 337), filed June 20, 2013



One’s Status As A Putative Spouse Is Subjective

Ceja v. Rudolph & Sletten, Inc.
(56 Cal.4th 1113), filed June 20, 2013

Our Dedicated Key Decisions Team! 

Lance LaBelle
Orange County

David Ezra
Orange County

Ann Johnston
S. F. Bay Area

Roberta Winston
San Diego

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Fire Sprinkler’s Absence Precluded Coverage
American Way Cellular, Inc. v. Travelers Property Casualty Company of America
(Cal. Ct. of App., 2d Dist.), filed May 30, 2013

There Is No Liability For Providing Alcohol
Rybicki v. Carlson
(Cal. Ct. of App., 2d Dist.), filed May 22, 2013

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